2024 (12) TMI 1396 - HC - GST

Delhi HC quashes GST registration cancellation orders for violating natural justice principles in revocation proceedings

M/s. Ms Enterprises (Through Its Proprietor Mau Haseen) Versus Sales Tax Officer Class-II/ AVATO Ward 74, Zone 7.

Delhi HC allowed petition challenging GST registration cancellation order. Revenue cancelled registration alleging non-conducting of business at declared ... Rejection of application for revocation of the Goods and Services Tax cancellation order - non-conducting of business at the declared place and issuing invoices without corresponding supply of goods or services - the appellate authority was convinced to dismiss the appeal solely on the ground that the GSTI had also alleged in its report that the address particulars which were mentioned were different from those which existed on their record - no proper reason for dismissal of application - violation of principles of natural justice - HELD THAT:- Once the site which was inspected and which was stated to be the place from where business was being carried on was found to be in conformity with the disclosures made in the original registration certificate, the order of the appellate authority is clearly rendered unsustainable. It is ex facie apparent that apart from using the phrase “any supporting documents” and “others”, no further reason was assigned as to why the said application merited dismissal - The order of 29 February 2024 cannot be sustained. Conclusion - In view of the fact that proper reason was not assigned as to why the said application merited dismissal, the order of the appellate authority dated 30 May 2024 as well as the order dated 29 February 2024 pursuant to which the revocation application came to be dismissed, are quashed. Petition allowed. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment were:Whether the cancellation of the petitioner's Goods and Services Tax (GST) registration under the Central Goods and Services Tax Act, 2017 (CGST Act) was justified based on the allegations of not conducting business at the declared place and issuing invoices without corresponding supply of goods or services.Whether the appellate authority's decision to uphold the cancellation of GST registration was valid in light of the findings from the field inspection.Whether the rejection of the application for revocation of the GST cancellation was appropriate, considering the reasons provided for such rejection.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Justification of GST Registration CancellationRelevant Legal Framework and Precedents: The CGST Act and associated rules govern the registration and cancellation of GST. Rule 21(a) allows for cancellation if the registered person does not conduct business from the declared place.Court's Interpretation and Reasoning: The court examined the original Show Cause Notice (SCN) and the cancellation order, noting that the cancellation was based on allegations of non-operation at the declared business place and passing on inadmissible Input Tax Credit (ITC) without actual supply.Key Evidence and Findings: The SCN and subsequent orders indicated that the petitioner's business was found non-operational at the declared address, and there were issues with ITC claims.Application of Law to Facts: The court scrutinized the basis of the cancellation, focusing on whether the allegations were substantiated by evidence.Treatment of Competing Arguments: The petitioner's counsel argued against the validity of the cancellation, while the respondent's counsel defended the decision based on the SCN findings.Conclusions: The court found that the cancellation was initially justified based on the evidence presented in the SCN.Issue 2: Validity of the Appellate Authority's DecisionRelevant Legal Framework and Precedents: The appellate process under the CGST Act allows for review and reconsideration of cancellation orders.Court's Interpretation and Reasoning: The court noted discrepancies in the appellate authority's reliance on field inspection reports, which indicated that the business was operational at the registered address.Key Evidence and Findings: The field inspection report revealed that the business was functioning and had sufficient stock, contradicting the grounds for cancellation.Application of Law to Facts: The court assessed whether the appellate authority's decision was consistent with the evidence from the field inspection.Treatment of Competing Arguments: The court considered the respondent's argument that address discrepancies justified the decision but found them unpersuasive given the inspection findings.Conclusions: The court concluded that the appellate authority's decision was unsustainable due to the conflicting evidence from the field inspection.Issue 3: Rejection of Revocation ApplicationRelevant Legal Framework and Precedents: The process for revocation of cancellation is guided by specific provisions under the CGST Act, which require a response to the SCN.Court's Interpretation and Reasoning: The court found that the rejection was based solely on the petitioner's failure to respond to the SCN, without substantive reasons.Key Evidence and Findings: The SCN for revocation lacked detailed grounds for rejection, relying on vague references to 'supporting documents' and 'others.'Application of Law to Facts: The court evaluated whether the procedural requirements for revocation were adequately followed.Treatment of Competing Arguments: The petitioner's failure to respond was acknowledged, but the court emphasized the inadequacy of the reasons for rejection.Conclusions: The court found the rejection of the revocation application to be procedurally flawed and unjustified.3. SIGNIFICANT HOLDINGSPreserve Verbatim Quotes of Crucial Legal Reasoning: The court stated, 'once the site which was inspected and which was stated to be the place from where business was being carried on was found to be in conformity with the disclosures made in the original registration certificate, the order of the appellate authority is clearly rendered unsustainable.'Core Principles Established: Procedural fairness and adherence to evidence are crucial in cancellation and revocation proceedings under the CGST Act.Final Determinations on Each Issue: The court quashed the appellate authority's order and the rejection of the revocation application, directing a fresh examination of the revocation application.The judgment underscores the importance of evidence-based decision-making and procedural compliance in GST-related matters, ensuring that businesses are not unfairly penalized without substantiated grounds.