Composite GST notices, mandatory limitation, and same-subject bar: HC upheld valid notices but quashed overlapping proceedings and unauthorised withho...
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The proper officer's order cancelling GST registration ab initio (from the initial date) is bereft of reasons and does not spell out grounds, violating principles of natural justice. The show cause notice (SCN) merely reproduces statutory provision u/s 29(2)(e) of CGST Act regarding cancellation on grounds of fraud, wilful misstatement, or suppression of facts, without disclosing nature of alleged fraud, misstatement, or suppressed facts. SCN fails to meet requisite standards, not enabling meaningful response. Cancellation order also lacks reasons or grounds. HC directs cancellation order to take effect from SCN date (28.06.2023), not retrospectively from 29.12.2022. Petition disposed of.
The proper officer's order cancelling GST registration ab initio (from the initial date) is bereft of reasons and does not spell out grounds, violating principles of natural justice. The show cause notice (SCN) merely reproduces statutory provision u/s 29(2)(e) of CGST Act regarding cancellation on grounds of fraud, wilful misstatement, or suppression of facts, without disclosing nature of alleged fraud, misstatement, or suppressed facts. SCN fails to meet requisite standards, not enabling meaningful response. Cancellation order also lacks reasons or grounds. HC directs cancellation order to take effect from SCN date (28.06.2023), not retrospectively from 29.12.2022. Petition disposed of.
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