2022 (4) TMI 1093 - HC - GST

Cancellation of GST registration of petitioner - Validity of SCN - HELD THAT - The show cause notice is bereft on any material particulars or information. In the absence of any material particulars and the details, it is difficult for any individual to respond to such a vague show cause notice. Probably what the Authority is trying to convey is that the registration had been merely on paper and no actual business activity is found on the place of business, as the writ applicant a registered person was not found at the place of business of writ applicant. If such are the allegations, it is expected of the Authority to furnish some details in this regard. The impugned show cause notice has to be quashed and set aside - Application allowed.

Summary

Issues: Show cause notice for cancellation of GST registration lacking material particulars and information.

In this judgment by the Gujarat High Court, the petitioner, a proprietor of a proprietary concern, received a show cause notice dated 02.11.2021 calling for justification as to why the GST registration should not be canceled. The notice lacked essential details and specifics necessary for a proper response, making it vague and challenging to address effectively. The petitioner was alleged to have obtained registration without actual business activity at the registered location. The court highlighted the importance of providing relevant information in such notices to enable a fair response. Consequently, the court quashed the impugned show cause notice for its deficiencies and directed that if there are suspicions of fraudulent registration, a new notice with complete details should be issued for a proper response.

The court emphasized that in cases where authorities suspect fraudulent registration, the issuance of a comprehensive show cause notice is crucial to ensure fairness and effective response. The judgment underlined the necessity of providing detailed information in such notices to enable the concerned party to address the allegations adequately. By setting aside the deficient notice and instructing the authorities to issue a new notice with complete information if fraud is suspected, the court upheld the principles of natural justice and procedural fairness in matters related to GST registration cancellations. Ultimately, the court disposed of the writ application, ruling in favor of the petitioner due to the inadequacies in the initial show cause notice.