2024 (5) TMI 1042 - HC - GST

GST Registration Suspension Overturned: Authorities Must Review Notice Within Two Weeks, Ensuring Fair Procedural Compliance

HC ruled on GST registration suspension, finding procedural irregularities in the show cause notice. The court directed authorities to review the ... Suspension of GST registration of the petitioner - it is submitted that new address had already been uploaded on the GST portal, which was not noticed by the Anti Evasion Cell - HELD THAT:-The petitioner is directed to appear before the Anti Evasion Cell on 28.05.2024 at 12 Noon and shall also appear before the Proper Officer on 29.05.2024 at 12 Noon. Thereafter, the said authorities shall pass appropriate orders on the request of the petitioner for recalling the suspension within a maximum period of two weeks. Issues Involved:The issues involved in the judgment are the quashing of a Show Cause Notice leading to the suspension of GST registration, the existence of the petitioner's business, and the failure to join investigation before the Anti Evasion Cell.Quashing of Show Cause Notice and GST Registration Suspension:The petitioner sought the quashing of a Show Cause Notice dated 27.03.2024, which suspended the GST registration. A prior notice dated 15.02.2024 had proposed the cancellation of the GST registration and also suspended it from that date. Following the earlier notice, the petitioner appeared before the Proper Officer on 22.02.2024, leading to the suspension being recalled. However, the petitioner was directed to join an investigation before the Anti Evasion Cell due to concerns that the petitioner was a non-existent firm. The subsequent suspension on 27.03.2024 was based on the petitioner's alleged failure to join the investigation and the inability to satisfy the Proper Officer regarding the business operations from the registered address.Existence of Petitioner's Business:The petitioner contended that they were a duly existing entity carrying on business, despite being found non-existent at their previous address. The petitioner had updated a new address on the GST portal, which was not acknowledged by the Anti Evasion Cell, leading to misunderstandings regarding the firm's existence.Directions and Orders:The judgment directed the petitioner to appear before the Anti Evasion Cell and the Proper Officer on specific dates for further proceedings. The authorities were instructed to make appropriate decisions on the petitioner's request to recall the suspension within a maximum period of two weeks. It was emphasized that any orders passed should be promptly communicated to the petitioner, who retained the right to pursue further legal remedies if dissatisfied with the decisions. The judgment concluded by reserving all rights and contentions of the parties and disposing of the petition accordingly, with a copy of the order to be provided promptly.