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2023 (12) TMI 996 - HC - GSTCancellation of GST registration of petitioner - SCN do not specify the alleged fraud or the misstatement alleged to have been made by the petitioner - HELD THAT - It is trite that a show cause notice must clearly set out the allegations on the basis of which an adverse action is proposed, to enable the noticee to meaningfully respond to the same. Clearly, the SCN in the present case fails to satisfy the said standard - The impugned order is also not informed any reason and it merely mentions that the same has been issued in reference to the SCN. It is noticed that the petitioner s registration has been cancelled with retrospective effect from 23.05.2023. Neither the SCN nor the impugned order provides any reasons for doing so. The respondent is directed to forthwith restore the petitioner s GST registration - The SCN as well as the impugned order are set aside - Petition allowed.
Issues involved:
The cancellation of GST registration u/s 29(2)(e) for alleged fraud, wilful misstatement, or suppression of facts without specific details in the show cause notice (SCN). Impugned Order and SCN: The petitioner challenged the order cancelling their GST registration dated 19.07.2023 based on the SCN issued on 05.07.2023, which cited u/s 29(2)(e) for registration obtained through fraud, wilful misstatement, or suppression of facts. The SCN lacked specific reasons for the proposed cancellation, failing to meet the standard of enabling a meaningful response. Judgment: The High Court found that the SCN did not specify the alleged fraud, misstatement, or suppressed facts by the petitioner, rendering it insufficient for a proper response. The impugned order, which lacked reasons and merely referenced the SCN, was set aside. The retrospective cancellation of registration from 23.05.2023 without justification was deemed unjust. Relief Granted: The Court allowed the petition, setting aside both the SCN and the impugned order. The respondent was directed to immediately restore the petitioner's GST registration. However, it was clarified that this restoration did not prevent the respondent from taking action if the petitioner was found non-compliant or violating any laws. The petition was disposed of accordingly.
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