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of <h1>GST Registration Cancellation Overturned: Procedural Fairness Prevails, Natural Justice Principles Upheld for Taxpayer Rights</h1> <h3>M/s. Laxmi Traders Thru. Proprietor Mr. Jagbir Singh Versus Addl. Comm. Grade 2 (Appeal) State Tax Judicial Division 3 Lko. And Another</h3> M/s. Laxmi Traders Thru. Proprietor Mr. Jagbir Singh Versus Addl. Comm. Grade 2 (Appeal) State Tax Judicial Division 3 Lko. And Another - 2024:AHC - ... Issues:Challenge to cancellation of GST registration based on non-submission of reply to show cause notice within stipulated period.Analysis:The petitioner, a proprietorship firm engaged in business activities, challenged the cancellation of its GST registration through a petition. The cancellation was based on the petitioner's failure to respond to a show cause notice within the specified timeframe due to sickness. The petitioner's appeal against the cancellation was rejected by the appellate authority on grounds of limitation.The petitioner contended that not being heard before the cancellation of registration violated principles of natural justice. Reference was made to a previous judgment (Technosum India Pvt. Ltd. Lucknow Vs. Union of India and others) where it was held that cancellation solely due to non-submission of reply to a show cause notice is unjustified. The judgment emphasized the importance of providing reasons for administrative decisions to ensure fairness and application of mind.The court, considering the precedent set by the mentioned judgment, allowed the petition. The orders cancelling the registration and rejecting the appeal were set aside. The petitioner was directed to appear before the respondent with the reply to the show cause notice and copies of the court's order and the referenced judgment within three weeks. The respondent was instructed to reevaluate the matter and issue a fresh order in compliance with the law.In conclusion, the court granted relief to the petitioner, emphasizing the necessity of providing reasons for administrative decisions and upholding principles of natural justice in cancellation proceedings related to GST registration.
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