GST Registration Cancellation and the Rule of Law: Insights from a Key Bombay High Court Judgment
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....ing the cancellation of GST registration. The judgment reflects crucial aspects of administrative law, particularly principles of natural justice, and the application of the Goods and Services Tax (GST) framework in India. II. Background and Legal Context The case arises from the cancellation of GST registration of a taxpayer by the revenue authorities. Under the GST regime, registration is pivo....
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.... challenged as being arbitrary and against the principles of natural justice. IV. Legal Issues * Validity of Show Cause Notice: Whether the notice met the legal requirements of specificity and clarity. * Adherence to Principles of Natural Justice: Examination of the decision-making process for compliance with fair hearing and reasonableness. * Retrospective Cancellation: Legality and implic....
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....: The decision-making process was criticized for its lack of transparency, reliance on unclear directives, and failure to follow due legal procedures. The court ultimately set aside the cancellation order and restored the taxpayer's registration, emphasizing the need for authorities to act in compliance with legal principles and procedures. VI. Implications and Legal Significance This judgm....