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2024 (7) TMI 1382 - HC - GSTCancellation of GST registration of petitioner - SCN does not clearly reflect the reasons for proposing the adverse action of cancellation of the GST registration of the petitioner - Violation of principles of natural justice - HELD THAT - The purpose of a show cause notice is to enable the noticee to respond to the allegations on the basis of which the adverse action is proposed. It is, thus, necessary that the show cause notice must clearly specify the allegations along with necessary details for eliciting a meaningful response. Bereft of any details, the noticee is left clueless as to the case, which he is required to meet. In the event the petitioner desires to contest the notice, the only response that he could give is that he has not violated the provisions of Section 16 of the CGST Act/ DGST Act. Plainly, that would be of little assistance to the respondent. The impugned order also does not provide any reason for cancelling the petitioner s GST registration except to say that it is in reference to the impugned SCN - It is apparent that the impugned order has been passed in violation of the principles of natural justice. The impugned SCN and the impugned order are set aside. The petitioner s GST registration is directed to be restored forthwith - the petition is disposed off.
Issues:
Impugning the cancellation of Goods and Services Tax (GST) registration based on an inadequate Show Cause Notice (SCN) lacking specific details and reasons for the adverse action. Analysis: The petitioner challenged the cancellation of their GST registration based on an order dated 06.03.2024, which was preceded by an inadequate Show Cause Notice (SCN) dated 07.08.2023. The impugned SCN proposed cancellation of registration citing the reason that the person availed Input Tax Credit (ITC) in violation of the provisions of Section 16 of the Central Goods and Services Tax Act, 2017 (CGST Act) or the Delhi Goods and Services Tax Act, 2017 (DGST Act) without providing specific details of the alleged violation. The petitioner was given a short period to respond and appear before the Proper Officer, with the registration being suspended simultaneously. The High Court noted that the impugned SCN failed to clearly specify the allegations and details regarding the wrongful availment of ITC, leaving the petitioner unaware of the case they were required to meet. The lack of specific information in the SCN hindered the petitioner's ability to provide a meaningful response. The Court emphasized that a show cause notice should enable the noticee to respond effectively by clearly outlining the allegations. In this case, the vague nature of the SCN rendered it insufficient for the petitioner to contest the proposed action effectively. Furthermore, the impugned order did not provide any additional reasons for cancelling the GST registration apart from referring to the inadequate SCN. Notably, the cancellation was made with retrospective effect from 02.07.2017, a detail not mentioned in the SCN. The Court found that the impugned order violated the principles of natural justice due to the lack of specific grounds and reasons for the adverse action. Consequently, the High Court set aside both the impugned SCN and the order, directing the restoration of the petitioner's GST registration immediately. However, the Court clarified that the respondents could initiate fresh action for cancellation of registration for non-compliance with statutory provisions, provided it is done in accordance with the law. The petition was disposed of accordingly, along with any pending applications.
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