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2022 (4) TMI 1242

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....dent no.2 - Mr. Sandeep Mahendrabhai Patel, State Tax Officer, Ghatak-1, Ahmedabad, Range-1, Division-1, Gujarat has been impleaded in his personal capacity as the writapplicant feels that he has acted in a very high-handed manner. If any Officer has been impleaded in his personal capacity, we don't expect the AGP to appear for him and defend his action. 3. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:- "6(a) To issue a writ in the nature of certiorari and or any other appropriate writ, order or direction quashing and setting aside order dated 29.03.2022 made by State Tax Officer, Ghatak 1, Ahmedabad cancelling the Goods and Service Tax Registration of pe....

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.... of Rule for and on behalf of respondents. 2. We have heard Ms. Manvi Damle, the learned counsel appearing for the writ applicant and Mr. Utkarsh Sharma, the learned AGP appearing for the respondents. 3. The writ applicant is a proprietor of a proprietary concern and he has been served with a show cause notice dated 29.02.2022 calling upon him to show cause as to why the GST registration should not be cancelled. The show cause notice is at page 15, Annexure P/1. The same read thus: "Form GST REG-17/31 [See Rule 22(1)/sub-rule (2A) of rule21A] Reference Number:ZA2402221987744D Date: 28/02/2022 To, Registration Number(GSTIN/Unique ID): 24AALFV2668JIZP VAHANVATI STEELS 101, RUDRAX WEIGHT BRIDGE COMPOUND, VATVA, GIDC....

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.... valid and not recognized in law. If such are the allegations, it is expected of the Authority to furnish some details in this regard. 5. The impugned show cause notice has to be quashed and set aside and the same is accordingly quashed and set aside. If the Assistant Commissioner, Ghatak - 1 (Ahmedabad), Range - 1, Division - 1, Gujarat, is of the view that the registration of the writ applicant herein is not valid and not recognized as per the provisions of the Act, it shall be open for him to issue a fresh show cause notice in a physical form and such fresh show cause shall contain all necessary information and details for the purpose of effectively responding to the same. With the aforesaid, this writ application stands disposed o....