2024 (2) TMI 1364 - HC - GST

Cancellation of GST registration of the petitioner with retrospective effect - no material on record to show as to why the registration is sought to be cancelled retrospectively - violation of principles of natural justice - HELD THAT - In terms of Section 29(2) of the Central Goods and Services Tax Act, 2017, the proper officer may cancel the GST registration of a person from such date including any retrospective date, as he may deem fit if the circumstances set out in the said sub-section are satisfied. Registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit to do so. Such satisfaction cannot be subjective but must be based on some objective criteria. It is important to note that, according to the respondent, one of the consequences for cancelling a taxpayer s registration with retrospective effect is that the taxpayer s customers are denied the input tax credit availed in respect of the supplies made by the tax payer during such period. Although, it is not considered apposite to examine this aspect but assuming that the respondent s contention in this regard is correct, it would follow that the proper officer is also required to consider this aspect while passing any order for cancellation of GST registration with retrospective effect. Thus, a taxpayer s registration can be cancelled with retrospective effect only where such consequences are intended and are warranted. It is clear that both the petitioner and the respondent want the GST registration to be cancelled, though for different reasons. The order of cancellation is modified to the extent that the same shall operate with effect from 11.03.2022, i.e., the date of the application for cancellation of registration - Petition disposed off.

Summary

Issues involved:
The cancellation of GST registration retrospectively and the validity of the show cause notice issued to the petitioner.

Cancellation of GST Registration:
The petitioner sought cancellation of their GST registration, but the application was rejected due to incomplete details. Subsequently, a show cause notice was issued, leading to the retrospective cancellation of registration. The order of cancellation was challenged on the grounds that it did not comply with the provisions of Rule 26(3) of the Central Goods and Services Tax Act, 2017, and the petitioner was not given notice of the retrospective cancellation. The court held that registration cannot be cancelled with retrospective effect mechanically and must be based on objective criteria. The order of cancellation was modified to operate from the date of the application for cancellation, i.e., 11.03.2022.

Validity of Show Cause Notice:
The petitioner argued that the show cause notice did not specify the retrospective cancellation of registration, depriving them of the opportunity to object. The court emphasized that the proper officer must consider the consequences of retrospective cancellation, such as denying input tax credit to the taxpayer's customers. The court modified the order to ensure that the cancellation operates from the date of the application for cancellation, allowing the petitioner to comply with the requirements of the Central Goods and Services Act, 2007. The respondents were not precluded from taking steps for recovery of any due tax, penalty, or interest in accordance with the law.