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of <h1>GST Registration Cancellation Overturned: Procedural Flaws Invalidate Notice, Ensuring Taxpayer's Right to Fair Hearing</h1> <h3>Rasidabanu Shokinmohmmed Sankhala Versus Commercial Tax Officer & Ors.</h3> Rasidabanu Shokinmohmmed Sankhala Versus Commercial Tax Officer & Ors. - TMI Issues:Challenge to show cause notice, cancellation of registration under GST Act, validity of appellate authority's order, violation of principles of natural justice.Analysis:The petitioner challenged a show cause notice, cancellation of registration under the GST Act, and the appellate authority's order dismissing the appeal on grounds of limitation. The petitioner argued that the cancellation order lacked reasons. Referring to a previous case, the court outlined guidelines for authorities, emphasizing the importance of providing necessary details in physical form before cancellation. The court highlighted the need for procedural diligence to prevent unnecessary litigation. Consequently, the court quashed the impugned orders and remanded the matter for fresh show cause notice with reasons, ensuring a fair hearing and speaking orders on merits.The court emphasized that it did not delve into the case's merits and directed the respondent authority to act in accordance with the law. The judgment clarified the procedural lapses and the importance of adhering to principles of natural justice to avoid flooding the court with writ applications. By setting aside the orders and remanding the matter, the court aimed to ensure a fair process for the petitioner to respond to any fresh notices with necessary documents. The judgment concluded by disposing of the petition with the aforementioned directions, leaving the final decision to the respondent authority while upholding the principles of natural justice.
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