2024 (3) TMI 56 - HC - GST

Cancellation of GST Registration of the Petitioner with retrospective effect - petitioner had not filed the returns - vague SCN - violation of principles of natural justice - HELD THAT - Show Cause Notice shows that there was no date, time or venue mentioned where the petitioner had to appear pursuant to the Show Cause Notice. The Show Cause Notice does not even bear the name and designation of the Officer issuing the Show Cause Notice and merely bears the digital signature signed by D.S. Goods Services Tax Network (4). 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. Clearly, the impugned notice and impugned order are bereft of any detail and are thus not sustainable. However, in the instant case, the case of the petitioner is that petitioner has himself shut the business since June 2022 and is no longer interested in the restoration of the GST registration - Both the petitioner as well as the respondent want cancellation of GST registration, however, for different reasons. Accordingly, the impugned order dated 12.10.2022 is modified to the effect that the cancellation of registration shall be effective from 18.07.2022 i.e. the date of the Show Cause Notice on which date the registration was also suspended. Petition is disposed of.

Summary

Issues involved:
The judgment involves the cancellation of GST registration with retrospective effect, lack of proper notice in the Show Cause Notice, and the necessity of objective criteria for cancellation.

Cancellation of GST Registration with Retrospective Effect:
The petitioner challenged the order cancelling their GST registration with retrospective effect, arguing that the registration cannot be cancelled mechanically and must be based on objective criteria. The judgment highlighted that the satisfaction for cancellation cannot be subjective and must have a basis. It emphasized that the registration should not be cancelled retrospectively merely due to non-filing of returns. The consequences of retrospective cancellation, such as denial of input tax credit to customers, were also considered important in passing such orders.

Lack of Proper Notice in Show Cause Notice:
The Show Cause Notice issued to the petitioner lacked essential details like the date, time, and venue for appearance. It also did not mention the name and designation of the issuing officer, which rendered it deficient. The judgment pointed out that the petitioner was not properly notified about the possibility of retrospective cancellation, depriving them of the opportunity to object to it.

Necessity of Objective Criteria for Cancellation:
The judgment stressed the importance of having objective criteria for cancelling GST registration. It highlighted that the notice and order in this case were devoid of necessary details and hence not sustainable. However, since the petitioner had already closed the business and was not interested in restoration, the order was modified to make the cancellation effective from the date of the Show Cause Notice. The petitioner was directed to comply with the provisions of the Central Goods & Service Tax Act, 2017 and file all necessary details as required.

Recovery of Tax, Penalty, or Interest:
The judgment clarified that the respondents were not precluded from taking steps for the recovery of any tax, penalty, or interest due in respect of the firm, in accordance with the law, including retrospective cancellation. The petition was disposed of with these directions.