Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the suspension of GST registration pending enquiry was liable to be revoked, and whether the competent authority must first consider the dealer's reply to the show cause notice before taking a final decision.
Analysis: The petitioner was a registered dealer under the GST regime and had already responded to the show cause notice. The suspension of registration was operating during the pendency of the enquiry, which prevented the petitioner from carrying on business. The authority was required to consider the reply and then pass an appropriate order in accordance with law. Pending enquiry, suspension was found to be unnecessarily harsh in the facts of the case.
Conclusion: The suspension of GST registration was ordered to be revoked forthwith, and the authority was permitted to take a fresh decision on the show cause notice after considering the reply in accordance with law.
Final Conclusion: The petitioner obtained immediate relief against suspension, while the authority retained liberty to proceed on the pending cancellation matter after due consideration of the reply.
Ratio Decidendi: Where a registered GST dealer has replied to a show cause notice, suspension of registration pending enquiry should not continue if the authority can first consider the reply and then decide the matter in accordance with law.