9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 328 - HC - GSTRevocation of the cancellation of registration order - contention of the learned counsel for the petitioner is that the orders of the Assessing Authority and of the First Appellate Court cannot be sustained now in view of the Central Goods and Services Act (Removal of Difficulties Order), 2020 issued under Section 172 of the Act - HELD THAT - The order dated 13.11.2019 passed by the Assistant Commissioner, Goods Sales Tax, Allahabad and the order dated 17.12.2019 passed by the Additional Commissioner (Appeal) Judicial Side IInd, State Goods and Service Tax, Prayagraj, are set aside. The application dated 24.10.2019 which was filed by the petitioner for the revocation of the cancellation order dated 24.12.2018 shall now be decided in accordance with law within a period of 15 days from the date of production of a copy of this order. Petition disposed off.
Issues:
1. Cancellation of registration under the Goods and Services Tax Act, 2017. 2. Application for revocation of cancellation order. 3. Interpretation of Central Goods and Services Tax (Removal of Difficulties) Order, 2020. 4. Validity of orders passed by the Assessing Authority and the First Appellate Court. Analysis: The petitioner had a registration under the Goods and Services Tax Act, 2017, which was cancelled by the Assessing Authority on 24.12.2018 under Section 29(2)(c) of the Act. Subsequently, the petitioner filed an application on 24.10.2019 for the revocation of the cancellation order. However, the application was rejected on 13.11.2019, leading the petitioner to file a First Appeal under Section 107 of the Act. With the dismissal of the First Appeal on 17.12.2019, the petitioner approached the High Court through a writ petition due to the unavailability of the Tribunal. The key contention raised by the petitioner's counsel was based on the Central Goods and Services Tax (Removal of Difficulties) Order, 2020, issued under Section 172 of the Act. The counsel argued that the orders of the Assessing Authority and the First Appellate Court could not be upheld in light of this Order. The relevant portion of the Gazette Notification issued on 25.6.2020 was presented, emphasizing the clarification regarding the calculation of the period for filing an application for revocation of registration cancellation. Considering the arguments presented and the provisions of the Central Goods and Services Tax (Removal of Difficulties) Order, 2020, the High Court set aside the orders dated 13.11.2019 and 17.12.2019 passed by the Assistant Commissioner and the Additional Commissioner, respectively. The Court directed that the application filed by the petitioner for revocation of the cancellation order dated 24.12.2018 should now be decided within 15 days from the date of the Court's order. The Authority concerned was instructed to ensure compliance with the Court's decision and to verify the correctness of the order from the Official Website of the High Court if a certified copy was not submitted. In conclusion, the writ petition was disposed of, and the matter was to be resolved in accordance with the law within the specified timeframe, as directed by the High Court.
|
