2022 (11) TMI 84 - HC - GST

Cancellation of GST registration certificate of petitioner - failure to file GST returns for a continuous period of six months - HELD THAT - Issue raised in this writ petition is no more res integra . In several writ petitions raising similar grievance, this Court had interfered with such cancellation of GST registration as well as the appellate order and had remanded the matter back to the primary authority for taking a fresh decision in accordance with law. The order dated 10.01.2022 as well as the order-in-appeal dated 18.10.2022 are set aside and matter remanded back to respondent No.4 for taking a fresh decision in accordance with law after giving an opportunity of hearing to the petitioner - petition disposed off.

Summary

Issues:
1. Quashing of order cancelling GST registration.
2. Appeal against the order-in-appeal dismissing the appeal.
3. Remand for fresh decision.

Analysis:
1. The petitioner, a partnership firm in the construction business, sought to quash the order cancelling its GST registration due to failure to file returns for six months. The High Court noted previous interventions in similar cases and set aside the cancellation order and the order-in-appeal. The matter was remanded to the primary authority for a fresh decision within three months, allowing the petitioner to submit all pending returns.

2. The respondent had issued a show cause notice to the petitioner for non-filing of GST returns, leading to the cancellation of registration. Despite the petitioner's reply, the cancellation order was passed. The petitioner's appeal was dismissed, prompting the High Court to intervene, following precedents, and remand the matter for a fresh decision after granting the petitioner a hearing opportunity.

3. The High Court emphasized the need for consistency in cases of GST registration cancellations. By setting aside the orders and remanding the matter, the Court directed the primary authority to reevaluate the situation in compliance with the law. The petitioner was given a chance to rectify the non-compliance by submitting all pending returns, ensuring a fair process in line with legal requirements.

This comprehensive analysis covers the issues of quashing the cancellation order, appeal dismissal, and the subsequent remand for a fresh decision, outlining the legal proceedings and the High Court's directive for compliance with statutory provisions.