2020 (10) TMI 1271 - HC - VAT and Sales Tax

Cancellation of registration of petitioner - error had occurred while filing the return online on the GST portal - HELD THAT - Since the learned standing counsel appears on behalf of respondent, no formal issue need be issued but sufficient copies of the writ petition be furnished to the standing counsel. Notice on respondent nos. 1 and 3 be sent by registered-post within one(1) week from today. Till the returnable date, the cancellation of registration vide order dated 31.11.2019 is stayed.

Summary

Issues Involved:
Petitioner aggrieved by cancellation of GST registration due to error in filing return online. Petitioner seeks rectification but portal requires clearing of previous month's tax liability. Petitioner's representation to Department ignored, leading to registration cancellation.

Analysis:

Cancellation of GST Registration:
The petitioner filed a writ petition in the High Court challenging the cancellation of their GST registration due to an error while filing the return online. The petitioner claimed that despite attempting to rectify the error, the portal did not accept the rectification unless the output tax liability of the previous month was fully cleared. This led to the petitioner representing before the Department to address the issues faced, but the cancellation was still carried out without considering the petitioner's submissions. The High Court acknowledged the petitioner's grievance and stayed the cancellation of registration until the next hearing.

Legal Representation:
During the court proceedings, the petitioner was represented by Mr. A. Saraf, a learned senior counsel, assisted by Mr. Z. Islam, a learned counsel. On the other side, Mr. B. Gogoi, a learned standing counsel for the Finance and Taxation Department, appeared. The court heard arguments from both sides regarding the cancellation of registration and the issues raised by the petitioner.

Court Directions and Next Steps:
After hearing the counsels, the High Court issued a notice returnable within four weeks. As Mr. B. Gogoi, representing the Department, sought time to obtain instructions, the court directed him to file an affidavit if necessary. While no formal issue was required for certain respondents, the court ensured that sufficient copies of the writ petition were provided to the standing counsel. Additionally, the court ordered the notice to be sent to specific respondents by registered post within a week. The cancellation of registration was stayed until the returnable date, and the matter was listed for further orders on 20th November 2020.

Conclusion:
The High Court's intervention in staying the cancellation of GST registration showcases the importance of addressing grievances and ensuring procedural fairness in matters concerning tax liabilities and online filings. The court's directions for notice and further orders indicate a thorough consideration of the petitioner's claims and the need for a fair resolution to the dispute.