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2025 (1) TMI 1306 - HC - GSTCancellation of GST registration of the petitioners on the sole plea that the petitioners did not file its return in accordance with law for consecutive six months - HELD THAT - The issue has already received the attention of the Hon ble Division Bench in the matter of Subhankar Golder Vs. Assistant Commissioner of State Tax 2024 (5) TMI 1262 - CALCUTTA HIGH COURT . The Hon ble Division Bench had observed the appellant can be provided with one more opportunity to remedy the bridge as the appellant being an individual since a small retailer of imitation jewellery we deem it appropriate that the appellant should be permitted to remedy the bridge. The SCN the order of cancellation of GST registratio and the order of the appellate authority stands set aside and quashed subject to petitioner files his GST returns for the entire period of default and pays requisite amount of tax interest fine and penalty and/or late fees within four weeks from date. Petition disposed off.
ISSUES PRESENTED and CONSIDERED
The core legal issue considered in this judgment is whether the cancellation of the petitioners' GST registration due to non-filing of returns for six consecutive months was justified and whether the petitioners should be granted an opportunity to rectify the default by filing the pending returns and paying the requisite dues. The court also considered the procedural fairness in the issuance of the show cause notice and the subsequent cancellation order. ISSUE-WISE DETAILED ANALYSIS 1. Cancellation of GST Registration Due to Non-Filing of Returns Relevant Legal Framework and Precedents: The Central Goods and Services Tax Act, 2017, particularly Section 107, provides for the appeal mechanism against orders of cancellation of GST registration. The precedents considered include the decisions in Subhankar Golder Vs. Assistant Commissioner of State Tax and Rana Chowdhury Vs. State of West Bengal, where the courts provided an opportunity to rectify defaults under similar circumstances. Court's Interpretation and Reasoning: The Court interpreted that the cancellation of GST registration for non-filing of returns should not be punitive but corrective, allowing taxpayers to comply with their statutory obligations. The Court emphasized the importance of enabling businesses to continue operations while ensuring compliance with tax laws. Key Evidence and Findings: The show cause notice dated November 29, 2021, and the cancellation order dated January 27, 2022, were central to the proceedings. The petitioners had not filed returns for six consecutive months, leading to the cancellation of their GST registration. Application of Law to Facts: The Court applied the principles from the cited precedents, determining that the petitioners should be given a chance to file the pending returns and pay the necessary taxes, interest, fines, and penalties. This approach aligns with the decisions in Subhankar Golder and Rana Chowdhury, where similar relief was granted. Treatment of Competing Arguments: The respondents argued that the cancellation was justified due to non-compliance. However, the Court considered the broader implications of canceling GST registration, such as hindering business operations and reducing tax recovery potential. The Court favored a pragmatic approach that encourages compliance rather than imposing strict penalties. Conclusions: The Court concluded that the cancellation order should be set aside, provided the petitioners comply with the conditions of filing returns and paying dues within a specified timeframe. This decision aims to balance regulatory compliance with the operational continuity of businesses. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning: The Court referenced the decision in Subhankar Golder, stating: "The appellant should be permitted to remedy the bridge... subject to the condition that the appellant files returns for the entire period of default, pays requisite amount of tax and interest and fine and penalty." Core Principles Established: The judgment reinforces the principle that tax compliance mechanisms should facilitate voluntary compliance and allow for rectification of defaults, rather than solely imposing punitive measures. It underscores the need for a balanced approach that considers the interests of both the taxpayer and the revenue authorities. Final Determinations on Each Issue: The Court set aside the show cause notice, the cancellation order, and the appellate authority's order, subject to the petitioners fulfilling the conditions of filing returns and paying dues within four weeks. If the petitioners comply, their GST registration will be restored; otherwise, the cancellation will be reinstated.
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