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2020 (7) TMI 577 - HC - GSTPermission to withdraw petition - Cancellation of registration - order No.1 of 2020 Central Board of Indirect Taxes and Customs in S.O. 2064 (E). dated 25.06.2020 - HELD THAT - The writ petition is dismissed as withdrawn.
Issues:
Challenge to order of registration cancellation under Central Goods and Service Tax Act, 2017. Analysis: The writ petition challenged an order of cancellation of registration under the Central Goods and Service Tax Act, 2017. The cancellation was based on specific grounds outlined in the Act, including contravention of prescribed provisions, failure to furnish returns, non-commencement of business, or obtaining registration through fraud or misstatement. The Act mandated that the proper officer must provide the person with an opportunity to be heard before canceling registration. Additionally, provisions for service of notice and application for revocation of cancellation were detailed in sections 169 and 30 of the Act, respectively. The judgment highlighted that many registrations had been canceled under the Act, and registered persons were facing challenges in revoking the cancellations within the specified timeframes. Recognizing these difficulties, the Central Government issued an order under section 172 of the Act to address the issue. The order clarified the calculation of the period for filing an application for revocation of cancellation for those served notices under specific clauses of section 29. It extended the deadline for certain cases to ensure affected parties had adequate time to seek revocation. In response to the government order, the Commercial Taxes and Registration Department of the Government of Tamil Nadu issued a notification aligning with the directives provided. Subsequently, the petitioner in the case filed a memo requesting to withdraw the writ petition and seek restoration of registration through the Assessing Authority by the specified cut-off date mentioned in the notification. The court granted permission for the withdrawal of the petition, allowing the petitioner to pursue the restoration of registration as per the notification. The writ petition was dismissed as withdrawn, with liberty granted to approach the Assessing Authority by the specified deadline. The judgment concluded by closing the connected miscellaneous petitions without imposing any costs on the parties involved.
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