2026 (3) TMI 1138

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....ri S. K. Medhi, learned C.G.C. for the Union of India. 2. As per the facts projected, the petitioner no. 1 is a proprietorship business under the name & style, "M/S NIT Traders" with the petitioner no. 2. It is an Assesee registered under the Central Goods and Services Tax (CGST) Act, 2017 bearing registration No. 18ACBPB4360P2ZH. On the reason of non-filing of GST returns for a continuous period of six months, the petitioners were served with a show cause notice bearing reference No.ZA180924014551L, dated 16.09.2024 asking to furnish reply to the aforesaid notice within a period of 30 (thirty) days from the date of service of notice and it was mentioned in the aforesaid show cause notice that if the petitioners fail to furnish a reply w....

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.... returns for a continuous period of 6 (six) months. Rule 22 of the CGST Rules, 2017 has laid down the procedure for cancellation of the registration. The said Rule is extracted herein below: "Rule 22 : Cancellation of Registration (1) Where the proper officer has reasons to believe that the registration of a person is liable to be cancelled under Section 29, he shall issue a notice to such person in FORM GST REG-17, requiring him to show cause, within a period of seven working days from the date of the service of such notice, as to why his registration shall not be cancelled. (2) The reply to the show cause notice issued under sub-rule [1] shall be furnished in FORM REG-18 within the period specified in the said s....

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.... been submitted by the proprietor himself." 7. It is discernible from a reading of the proviso to sub-rule (4) of Rule 22 of the CGST Rules 2017 that if a person, who has been served with a show cause notice under Section 29(2)(c) of the CGST Act, 2017, is ready and willing to furnish all the pending returns and to make full payment of the tax itself along with applicable interest and late fee, the officer, duly empowered, can drop the proceedings and pass an order in the prescribed Form i.e. Form GST REG-20. 8. The learned counsel for the petitioners has also referred to an order dated 18.07.2025 passed in WP(C) No. 3926/2025 (Dipjyoti Borah Vs. The State of Assam & 2 Ors.) wherein the petitioner therein was similarly situated like t....