Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The HC set aside the impugned order insofar as it retrospectively cancelled the petitioner's GST registration from 7 June 2024, holding that retrospective cancellation cannot be exercised mechanically and must be supported by reasons in the order. The court found the SCN did not raise retrospective cancellation and the order relied solely on the petitioner's alleged absence from the declared place of business-a fact reasonably controverted by the petitioner's reply and photographic evidence. The retrospective cancellation was therefore quashed and the matter remitted to the concerned Adjudicating Authority for fresh adjudication on merits after affording the petitioner an opportunity to be heard.
The HC set aside the impugned order insofar as it retrospectively cancelled the petitioner's GST registration from 7 June 2024, holding that retrospective cancellation cannot be exercised mechanically and must be supported by reasons in the order. The court found the SCN did not raise retrospective cancellation and the order relied solely on the petitioner's alleged absence from the declared place of business-a fact reasonably controverted by the petitioner's reply and photographic evidence. The retrospective cancellation was therefore quashed and the matter remitted to the concerned Adjudicating Authority for fresh adjudication on merits after affording the petitioner an opportunity to be heard.
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