GST registration cancellation requires meaningful notice and hearing; unnotified input tax credit allegations cannot validate cancellation or demand recovery.
GST registration cancellation requires a clear show cause notice and a meaningful opportunity to furnish supporting evidence before retrospective cancellation. A registrant's request for reasonable time to produce purchase and sale records, e-way bills and transport evidence must be addressed. Revocation or appellate action cannot rely on allegations absent from the original notice, including unnotified input tax credit concerns. Registration-cancellation proceedings and separate tax-demand proceedings for fraudulent input tax credit availment or suppression operate in distinct statutory domains and cannot be conflated. Fresh action requires an appropriate notice, proper hearing and opportunity to produce evidence.
Issues: (i) Whether cancellation of GST registration without deciding the registrant's request for time to furnish supporting documents violated principles of natural justice; (ii) Whether the revocation and appellate decisions could be sustained on grounds not contained in the original show cause notice and by combining registration-cancellation proceedings with input tax credit demand proceedings.
Issue (i): Whether cancellation of GST registration without deciding the registrant's request for time to furnish supporting documents violated principles of natural justice.
Analysis: The cancellation notice alleged that registration had been obtained through fraud, wilful misstatement or suppression of facts. The registrant sought 15 to 20 days to produce purchase and sale bills, e-way bills, transportation evidence and other material supporting its input tax credit claim. The cancellation order, passed within 12 days of the notice, neither addressed that request nor afforded an effective opportunity to produce the stated material before retrospectively cancelling registration. Such procedure was inconsistent with principles of natural justice.
Conclusion: The cancellation action was invalid for denial of a meaningful opportunity to furnish evidence and was quashed.
Issue (ii): Whether the revocation and appellate decisions could be sustained on grounds not contained in the original show cause notice and by combining registration-cancellation proceedings with input tax credit demand proceedings.
Analysis: The rejection of revocation relied on purchases from dealers said to have cancelled their registrations, although that allegation had not been notified to the registrant. It also required payment of tax, interest and penalty through GST DRC-03 without a notice proposing disallowance of input tax credit. Registration cancellation and demand proceedings concerning fraudulent availment or suppression under Sections 73 and 74 operate in distinct statutory domains; the appellate process could not cure the original denial of opportunity by introducing new grounds and demands.
Conclusion: The revocation rejection and appellate decision founded on unnotified grounds and conflated statutory proceedings were invalid and were quashed.
Final Conclusion: Fresh action may be initiated only through an appropriate show cause notice, after affording a proper hearing and opportunity to produce evidence; all merits remain open.
Ratio Decidendi: GST registration cancellation must comply with notice and hearing requirements, and cannot be supported by unnotified input tax credit allegations or by conflating cancellation proceedings with separate tax-demand proceedings.