2025 (7) TMI 779 - HC - GST

GST registration cancellation orders set aside, petitioner directed to submit pending returns for revocation consideration

M/s Darshanlal Rawat Construction Through Authorized Officer Darshan Rawat Versus Principal Secretary Government of M.P. And Others

MP HC set aside orders cancelling petitioner's registration and dismissing appeal on delay grounds. Court found adequate hearing was provided through show ... Cancellation of registration of petitioner - It is the grievance of the petitioner that sufficient opportunity of hearing was not given to the petitioner - violation of principles of natural justice - HELD THAT:- From perusal of the documents attached with the petition, it appears that a show cause notice for cancellation of registration was issued by the department on 07/10/2022 (Annexure P/2), in response to which reply was filed by the petitioner. Thereafter, vide order dated 07/11/2022 (Annexure P/3) registration of petitioner's firm was cancelled. When appeal was preferred, then appellate authority dismissed the appeal vide order dated 13/08/2024 (Annexure P/5) on the ground of delay. Therefore, it is not a case where opportunity of hearing was not provided to the petitioner. It was very much provided but thereafter order was passed. However, question is that the petitioner is facing adversity and wants to go again into the main stream of tax regime, therefore, it would be in the interest of department/revenue also to take the petitioner into regular main stream as part of formal economy, so that he may conduct business while giving regular tax to the authority. The impugned orders dated 07/11/2022 (Annexure P/3) and 13/08/2024 (Annexure P/5) are hereby set aside and the petitioner is directed to submit all the pending GST returns specially for the period when the registration was cancelled and if such pending returns are submitted before the authority, then authority shall consider the case for revocation of registration - Petition allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether the cancellation of registration under the Central Goods and Services Tax regime was invalid for want of adequate opportunity of hearing. 2. Whether the appellate order rejecting the appeal against cancellation on the ground of delay bars judicial interference where the substantive relief of revocation and regularisation of registration is sought in view of the petitioner's adversity. 3. Whether, and on what terms, the writ court can set aside the cancellation and appellate orders and direct consideration of revocation subject to compliance by the petitioner, including imposition of costs. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Adequacy of opportunity of hearing before cancellation of GST registration Legal framework: Provisions of the Central Goods and Services Tax Act, 2017 (Sections 25, 29 and 30) and the Central Goods and Services Tax Rules, 2017 (Rule 21(a) and (h), Rules 22 and 23) govern cancellation and revocation of registration and procedures for show-cause notices and hearings. Precedent Treatment: No authoritative precedent was relied upon or discussed by the Court in the judgment; issue was decided on the factual record and statutory scheme. Interpretation and reasoning: The Court examined the documentary record, including the show-cause notice dated 07/10/2022, the petitioner's reply, and the cancellation order dated 07/11/2022. The Court concluded that a show-cause proceeding was initiated and the petitioner had filed a reply, indicating that an opportunity of hearing / procedural notice had been afforded. The finding that a hearing opportunity was given was based on the contemporaneous documents rather than an absence of statutory jurisdiction to cancel. The Court also took into account the petitioner's explanation of personal adversity causing non-filing of returns. Ratio vs. Obiter: Ratio - Where the record shows issuance of show-cause notice and a reply by the registered person, the writ court will not, on that ground alone, set aside the cancellation for want of hearing. Obiter - Observations regarding the petitioner's family adversity and sympathetic consideration of re-entry into the formal economy. Conclusion: The cancellation was not set aside on the ground of denial of hearing because sufficient opportunity, as evidenced in the record, was provided before cancellation. Issue 2 - Validity and effect of appellate rejection of the appeal on grounds of delay Legal framework: Statutory appellate regime under the CGST Act/Rules (appeal procedure and limitation) governs competence of the appellate authority to dismiss appeals for delay. Precedent Treatment: No precedent was cited; the Court considered the appellate order's effect on substantive relief sought by the petitioner. Interpretation and reasoning: The appellate authority dismissed the appeal on the ground of delay. The Court observed that while the appeal was dismissed for delay, the larger question was whether, in the circumstances, remedial consideration ought to be given to enable the petitioner to re-enter the tax regime by filing pending returns and seeking revocation. The Court exercised judicial review to grant equitable relief in view of the petitioner's stated adversity and in the public interest of bringing him into the formal economy. Ratio vs. Obiter: Ratio - An appellate dismissal for delay does not preclude the writ court from granting appropriate relief (including conditional consideration of revocation) where equity, compliance and public interest in regularisation justify such intervention. Obiter - Comments on departmental interest in regularising small taxpayer conduct of business and tax compliance. Conclusion: The appellate order was set aside insofar as it operated to finally bar consideration of revocation; the matter was reopened on equitable terms requiring compliance by the petitioner. Issue 3 - Power of the writ court to set aside impugned orders and direct conditional revocation subject to compliance and imposition of costs Legal framework: Writ jurisdiction under Article 226 empowers the High Court to quash administrative orders and grant relief in appropriate cases; the CGST statutory scheme provides for revocation of cancellation on compliance with conditions (filing of pending returns etc.). Precedent Treatment: No specific precedents were applied; the Court acted on the statutory scheme and facts before it. Interpretation and reasoning: Balancing the petitioner's default with the public interest in bringing a taxable person back into the formal economy, the Court set aside the cancellation and appellate orders and directed the petitioner to submit all pending GST returns (particularly for the period when registration was cancelled). Upon submission of pending returns, the tax authority was directed to consider the case for revocation. The Court imposed a monetary condition - payment of Rs. 50,000 as costs to the department - payable along with the pending returns, reasoning that the petitioner had committed default and equitable considerations required some penal/compensatory element while enabling revival. Ratio vs. Obiter: Ratio - The writ court may set aside cancellation and appellate orders and direct reconsideration for revocation on fulfillment of specified conditions (submission of pending returns and payment of costs) where circumstances justify remedial relief; such relief may be tailored to secure tax compliance and protect departmental interest. Obiter - The characterization of the order as being passed 'in peculiar facts and circumstances' indicates limited precedential force. Conclusion: Impugned cancellation and appellate orders were set aside; the petitioner was permitted to file pending returns and, upon doing so and paying the prescribed cost, the authority must consider revocation. The order is expressly confined to the peculiar facts of the case. Cross-references and Limiting Principles 1. The Court's relief was fact-specific and expressly confined to the peculiar facts and circumstances; it does not lay down a general rule exempting procedural requirements or limitations. 2. The decision balances statutory procedure (show-cause, cancellation, appellate limitation) with remedial equity to re-integrate a defaulting registrant into the tax net, subject to compliance and imposition of costs - providing a template for conditional judicial intervention rather than a categorical precedent.