2025 (9) TMI 737 - HC - GST

Petition challenging GST registration cancellation dismissed for failure to respond to show-cause notice, delay, and non-use of remedies

The HC dismissed the petition challenging cancellation of GST registration, holding the petitioner failed to reply to the show-cause notice and did not ... Cancellation of GST registration of petitioner - time limitation - within the prescribed period of limitation, the Petitioner neither sought for revocation of the cancellation order nor appealed against the same - HELD THAT:- Firstly, the Petitioner did not even bother to reply to the show cause notice, which is an undisputed position - Secondly, even after the impugned order was made, the Petitioner did not, within the prescribed period of limitation or even otherwise, apply for revocation or appeal the cancellation order. Only after considerable delay, which also has not been explained, has the Petitioner instituted this Petition, bypassing the alternate statutory remedies available. In the case of Glaxo Smith Kline [2020 (5) TMI 149 - SUPREME COURT], the Assessee had instituted an Appeal to challenge the impugned order. However, this Appeal was instituted even after the condonable period prescribed under the statute. Upon dismissal of the Appeal, the Petitioner invoked the remedy under Article 226 of the Constitution of India - The Hon’ble Supreme Court held that where the right or liability is created by a statute, which gives a special remedy for enforcing it, the remedy provided by that statute must only be availed of. Though an Act cannot bar and curtail remedies under Article 226 or 32 of the Constitution, the constitutional Court would certainly take note of the legislative intent manifested in the provisions of the Act and would exercise its jurisdiction consistent with the provisions of the enactment. To put it differently, the fact that the High Court has wide jurisdiction under Article 226 of the Constitution does not mean that it can disregard the substantive provisions of a statute and pass orders which can be settled only through a mechanism prescribed by the statute. In this case, the show cause notice of 27 May 2025 had given the petitioner a clear idea of why the registration was sought to be cancelled. The reason was that the Petitioner was alleged to be issuing invoices or bills without the supply of goods and/or services, leading to wrongful availment or utilisation of input for the refund of tax. Considering the nature of the allegation, the argument that the Petitioner did not expect the registration to be cancelled from the date of its receipt cannot be accepted. It is unable to accept the argument based on any alleged failure of natural justice - petition dismissed. ISSUES PRESENTED AND CONSIDERED 1. Whether a writ petition under Article 226 can be entertained to challenge cancellation of GST registration where the statutory mechanisms for reply, revocation and appeal were available and were not invoked within the prescribed period. 2. Whether cancellation of GST registration with retrospective effect (to the date of receipt of registration) is vitiated for breach of natural justice where the assessee received a show cause notice but neither replied nor pursued statutory remedies within time. 3. Whether the Court should address ancillary claims (such as entitlement to refund of amounts deposited) raised for the first time in the writ petition when those claims are not the subject-matter of the petition and statutory remedies are available. ISSUE-WISE DETAILED ANALYSIS Issue 1: Availability and primacy of statutory remedies vis-à-vis writ jurisdiction Legal framework: The Act provides a complete mechanism for issuance of show cause notices, opportunity to reply, and statutory remedies including revocation/appeal within prescribed time-limits. Constitutional remedies under Article 226 are available but must be exercised consistent with the statutory scheme and legislative intent. Precedent treatment: The Court relied upon the principle established by the Supreme Court that where a statute creates rights or liabilities and prescribes special remedies, that statutory remedy must be availed of and the constitutional court will be cautious in entertaining writs that circumvent the statutory machinery. The Court also noted decisions by the Supreme Court and a coordinate bench of this High Court holding that writ petitions are not ordinarily maintainable where statutory appeal periods have lapsed and the statutory maximum for condonation has been breached. Interpretation and reasoning: The Court held that the petitioner failed to utilize the statutory mechanisms: no reply to the show cause notice, no application for revocation, and no timely appeal. The petition was filed after considerable delay and without explanation for not availing the prescribed remedies. Given the completeness of the statutory remedy scheme and the petitioner's inaction, entertaining the writ would circumvent the legislative scheme and the remedies provided by the Act. Ratio vs. Obiter: Ratio - Where a complete statutory mechanism exists and an assessee fails to avail itself of those remedies within the prescribed period, a writ under Article 226 will not normally be entertained; the constitutional court must give effect to legislative intent and cannot be used to frustrate the statutory scheme. (This is the Court's operative holding.) Conclusion: The Petition is not maintainable on this ground and is liable to be dismissed for failure to exhaust and pursue statutory remedies in time. Issue 2: Alleged breach of natural justice arising from retrospective cancellation Legal framework: Principles of natural justice require fair opportunity to be heard on allegations that may lead to adverse orders. Cancellation of registration with retrospective effect may be vulnerable if no opportunity was given to contest the retrospective nature or the factual allegations warranting such effect. Precedent treatment: The petitioner relied on a High Court decision (of another jurisdiction) holding retrospective cancellation without opportunity vulnerable. The Court examined that authority but distinguished it on facts. Interpretation and reasoning: The Court found undisputed facts: a show cause notice was issued specifying allegations (issue of invoices/bills without supply and wrongful availment/utilisation/refund), and the petitioner did not file any reply contesting those allegations. The impugned order cancelled registration w.e.f. the date of receipt; however, because the petitioner failed to contest the underlying allegations or to invoke statutory remedies, it could not credibly claim prejudice from a technical breach of natural justice. The Court observed that where the assessee has effectively accepted or not contested serious allegations (fake invoices/no supply), it cannot thereafter complain of failure of natural justice, and facts of the ruling relied upon by petitioner did not show similar non-contestation. Ratio vs. Obiter: Ratio - Absence of a reply to a show cause notice and failure to pursue statutory remedies preclude a successful challenge based on alleged breach of natural justice as regards retrospective cancellation; factual non-contestation is decisive. (This is the Court's operative holding.) Conclusion: The plea of breach of natural justice and challenge to retrospective cancellation is rejected on the facts: no reply was filed, and the petitioner did not contest the substantive allegations, so the Court will not entertain the writ on that basis. Issue 3: Claim for refund of amounts deposited raised in writ but not pleaded as subject-matter Legal framework: Reliefs not squarely raised in the petition and which are subject to statutory remedy should ordinarily be pursued before the designated authority; courts avoid expressing views on issues not properly before them. Precedent treatment: The Court referred to the general principle that courts should not decide matters not raised and that statutory fora should adjudicate claims for monetary refunds deposited pursuant to investigation or orders. Interpretation and reasoning: The petitioner, during arguments, sought a declaration of entitlement to refund of sums deposited if cancellation is held retrospective. The Court declined to entertain this collateral claim because it was not part of the petition's subject-matter and statutory remedies for refund remain open. The Court granted liberty to apply for refund to the appropriate authority and declined to express any opinion on the merits. Ratio vs. Obiter: Ratio - Courts will not adjudicate ancillary monetary claims that are not the subject-matter of the writ when statutory remedies exist; such claims should be pursued before the competent authority. (This is the operative holding of the Court on this point.) Conclusion: The Court refused to adjudicate the refund claim and granted limited liberty to the petitioner to file an appropriate application before the authority; no opinion was expressed on entitlement. Interrelation and final disposition Cross-reference: Issues 1 and 2 are interlinked - the failure to avail statutory remedies (Issue 1) and failure to contest the show cause allegations (Issue 2) together justify refusal to entertain the writ. Issue 3 is procedural and collateral and depends on exhaustion of statutory remedies independent of this writ. Final conclusion: The writ petition is dismissed on the grounds of non-exhaustion of statutory remedies, inaction in the face of specific allegations in the show cause notice, and absence of any acceptable explanation for the delay; the Court declines to decide collateral refund issues and grants liberty to pursue statutory remedies before the appropriate authority.