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Issues: Whether cancellation of GST registration for continuous non-filing of returns should be set aside and registration restored.
Analysis: The cancellation was founded solely on non-filing of returns, without any allegation of a dubious process to evade tax. Continued cancellation would prevent the petitioner from conducting business and raising invoices, and would consequently impair tax recovery. A pragmatic approach therefore required an opportunity to regularise the defaults through filing of returns and payment of statutory dues.
Conclusion: The cancellation of registration was set aside, conditional upon filing all defaulting returns and payment of tax, interest, fine and penalty within the stipulated period; on compliance, registration is to be restored.