Natural justice in GST registration cancellation requires disclosure of adverse material and prior notice before retrospective cancellation.
GST registration cancellation based on undisclosed site-visit material, photographs, electricity consumption, or allegations beyond the show-cause notice breaches principles of natural justice because the taxpayer lacks a real and effective opportunity to respond. Availability of revocation under Section 30 does not bar recourse to writ jurisdiction where such breach is total. Retrospective cancellation also requires prior notice that retrospective action is proposed. Registration was to be restored, without preventing issuance of a fresh show-cause notice where warranted.
Issues: (i) Whether the availability of revocation under Section 30 barred recourse to writ jurisdiction where cancellation of GST registration was alleged to have violated principles of natural justice; (ii) Whether cancellation of registration with retrospective effect was valid when it relied on undisclosed site-visit materials and allegations beyond the show-cause notice.
Issue (i): Whether the availability of revocation under Section 30 barred recourse to writ jurisdiction where cancellation of GST registration was alleged to have violated principles of natural justice.
Analysis: The rule requiring exhaustion of an alternative remedy is ordinarily applicable in taxation matters, but does not preclude writ jurisdiction where there is a total violation of principles of natural justice. The cancellation was founded on material and allegations not disclosed in the show-cause notice, rendering the statutory opportunity ineffective.
Conclusion: The availability of revocation under Section 30 did not bar writ jurisdiction; the assessee was entitled to invoke Article 226 of the Constitution of India.
Issue (ii): Whether cancellation of registration with retrospective effect was valid when it relied on undisclosed site-visit materials and allegations beyond the show-cause notice.
Analysis: The show-cause notice alleged only that the dealer was not found at its principal place of business. The cancellation order relied substantially on site-visit information, photographs, electricity consumption, and further allegations that had not been disclosed or put to the assessee. It also imposed retrospective cancellation despite no such proposal in the notice. An opportunity before cancellation must be real and effective, not illusory.
Conclusion: The cancellation order, including its retrospective operation, was invalid for breach of principles of natural justice and absence of prior notice of the material allegations and proposed retrospective action.
Final Conclusion: The registration certificate was required to be restored, without precluding issuance of a fresh show-cause notice where warranted.
Ratio Decidendi: A statutory alternative remedy does not oust writ jurisdiction where cancellation is based on undisclosed material or allegations outside the show-cause notice, and retrospective cancellation requires prior notice and an effective opportunity of hearing.