2024 (2) TMI 806

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....ioner: Mr. Pranay Jain & Mr. Karan Singh, Advocates. For the Respondent: Mr. Anish Roy, Senior Standing Counsel for CBIC & Customs with Mr. Girish Agarwal, Advocate. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns order dated 12.12.2023 whereby GST registration of the petitioner was cancelled retrospectively with effect from 30.05.2022 and seeks restoration of the GST regist....

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....leged to have issued without making any supplies. It appears that the Show Cause Notice extracts the reason in a standard format as there are several other options mentioned in the reason i.e. "without supply of goods and/or services" and "leading to wrongful availment or utilization of input tax credit or refund of tax" 4. It appears that the respondents are using a template for issuing said n....

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....ed/utilized ungenuine ITC amounting to Rs. 3,60,00/- from a fraudulent supplier i.e. M/s. Shubh Advertiser. 7. Learned counsel for the petitioner has placed on record Form GST DRC-03 to contend that a sum of Rs. 3,60,000/- besides interest of Rs. 32,400/- has been deposited without prejudice to his rights and contentions. 8. Learned counsel for the petitioner further submits that petitioner ....

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....ean that the taxpayer's registration is required to be cancelled with retrospective date also covering the period when the returns were filed and the taxpayer was compliant. 10. It is important to note that, according to the respondent, one of the consequences for cancelling a taxpayer's registration with retrospective effect is that the taxpayer's customers are denied the input tax credit avai....