2025 (4) TMI 1150 - HC - GST

Cancellation of registration of petiitoner - challenge to order of cancellation of registration on the ground of not providing an opportunity of hearing as well as such order was passed without assigning any reason for cancellation of the registration of the petitioner - HELD THAT - The Coordinate Bench of this Court in case of M/s. Aggrawal Dyeing Printing vs. State of Gujarat 2022 (4) TMI 864 - GUJARAT HIGH COURT has issued the guidelines to the respondent-authorities holding that all the writ applications deserve to be allowed solely on the ground of violation of principles of natural justice and accordingly the writ applications are allowed. The aforesaid judgement was rendered in the year 2022. However in spite of the above direction issued by this Court the respondent-authorities without following such directions are issuing cryptic notice and order for cancellation of registration number of the petitioner - In the present matter order of cancellation of registration is passed without giving any reason by the respondent authorities. The impugned order passed by the respondent-Authority for cancellation of registration are required to be quashed and set aside. Accordingly the matter is remanded back to the Assessing Officer at the show-cause notice stage - this petition is partly allowed by quashing and setting aside order of the respondent-Authority for cancellation of registration and the matter is remanded to the Assessing Officer at show-cause notice stage however the registration number of the petitioner shall remain suspended till such show-cause notice is disposed of as per the directions. Conclusion - The cancellation order passed without opportunity of hearing and without assigning reasons is unsustainable and violates natural justice. Petition disposed off by way of remand.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this matter are:

(a) Whether the cancellation of the petitioner's registration was validly passed when the petitioner was not provided an opportunity of hearing;

(b) Whether the order of cancellation of registration was passed without assigning any reasons, and if such omission violates principles of natural justice;

(c) Whether the appellate authority was correct in dismissing the appeal on the ground of limitation without considering the procedural lapses in issuance of the cancellation order;

(d) Whether the directions issued by the Coordinate Bench in the precedent judgment regarding procedural safeguards in cancellation of registration were followed by the respondent authorities;

(e) The appropriate remedy and procedural course to be followed when cancellation orders are passed in violation of natural justice and without proper reasons.

2. ISSUE-WISE DETAILED ANALYSIS

(a) Opportunity of Hearing and Violation of Principles of Natural Justice

The legal framework governing cancellation of registration under relevant tax laws mandates that before such a drastic step is taken, the affected party must be given an opportunity of hearing. The principles of natural justice require that no order prejudicial to a person's rights should be passed without affording them a chance to be heard and to respond to the allegations or grounds for cancellation.

The Court relied heavily on the precedent set by the Coordinate Bench in M/s. Aggrawal Dyeing & Printing vs. State of Gujarat (2022), which emphasized that procedural safeguards must be scrupulously followed to avoid unnecessary litigation. The judgment laid down clear guidelines that show cause notices and final orders must contain detailed reasons and particulars and be physically served to the dealer to enable meaningful response.

In the present case, the petitioner contended that the order of cancellation was passed without any opportunity of hearing and without assigning any reasons. The Court found that such omission amounted to a violation of principles of natural justice. The respondent authorities failed to comply with the directions of the Coordinate Bench and issued cryptic notices and orders without detailing the grounds or evidence relied upon.

The Court observed that the absence of a proper hearing and failure to communicate reasons rendered the cancellation order unsustainable. The Court held that procedural lapses of this nature justify quashing the impugned order and remanding the matter for fresh consideration.

(b) Requirement of Assigning Reasons in Cancellation Orders

The Court underscored the importance of passing speaking orders that clearly specify the reasons for cancellation of registration. This requirement is integral to fairness and transparency in administrative actions and enables the affected party to understand the basis of the order and to prepare an effective response.

The precedent judgment mandated that show cause notices and final orders must contain all necessary details, including documentary or inspection reports relied upon. The Court noted that the impugned order in the present case failed to assign any reasons, thereby depriving the petitioner of the opportunity to contest the grounds.

By not providing reasons, the respondent authorities acted in contravention of established legal principles and the directions issued by the Coordinate Bench. The Court reiterated that such procedural defects are fatal and necessitate setting aside the order.

(c) Dismissal of Appeal on Grounds of Limitation

The appellate authority dismissed the petitioner's appeal against cancellation on the ground of limitation. However, the Court did not delve into the merits of this issue in detail, as the primary focus was on the procedural irregularities in issuance of the cancellation order itself.

The Court implicitly indicated that procedural non-compliance in issuing the show cause notice and final order may vitiate the entire process, making the question of limitation secondary until proper procedure is followed.

(d) Compliance with Precedent Guidelines

The Court referred extensively to the 2022 Coordinate Bench judgment, which had laid down detailed procedural safeguards for cancellation of registration. These included physical service of detailed show cause notices and orders by Registered Post with Acknowledgement Due (RPAD), disclosure of all evidence relied upon, and provision of reasonable opportunity of hearing.

The Court found that despite these clear directions, the respondent authorities continued to issue cryptic and deficient notices and orders in the present matter. This non-compliance was a significant factor in the Court's decision to quash the cancellation order and remand the matter for fresh consideration.

(e) Appropriate Remedy and Directions for Fresh Proceedings

Given the violations of natural justice and failure to assign reasons, the Court quashed and set aside the impugned cancellation order. The matter was remanded to the Assessing Officer at the show-cause notice stage with detailed directions to ensure compliance with legal requirements and procedural fairness.

The directions included:

- The Assessing Officer shall provide detailed reasons for cancellation within two weeks of receipt of the order;

- If reasons were previously supplied, the petitioner may request them again, and the authorities must comply;

- The petitioner shall file a written reply within two weeks of receiving the reasons;

- After considering the reply and providing an opportunity of personal hearing, the authorities shall pass a speaking order within four weeks;

- Both parties must adhere strictly to the prescribed timelines and cooperate to ensure expeditious disposal.

The Court clarified that the petitioner's registration shall remain suspended during the pendency of the fresh proceedings but emphasized that the Court has not expressed any opinion on the merits of the case.

3. SIGNIFICANT HOLDINGS

The Court preserved the following crucial legal reasoning verbatim from the Coordinate Bench judgment:

"Until the Department is able to develop and upload an appropriate software in the portal which would enable the Department to feed all the necessary information and material particulars in the show cause notice as well as in the final order of cancellation of registration that may be passed, the authority concerned shall issue an appropriate show cause notice containing all the necessary details and information in a physical form and forward the same to the dealer by RPAD."

"If the authority wants to rely upon any particular piece of evidence then it owes a duty to first bring it to the notice of the dealer so that if the dealer has anything to say in that regard, he may do so."

"On account of procedural lapses, the High Court should not be flooded with writ applications. The procedural aspects should be looked into by the authority concerned very scrupulously and diligently."

Core principles established include:

- The necessity of providing detailed reasons and particulars in show cause notices and cancellation orders to uphold principles of natural justice;

- The requirement of physical service of notices and orders to ensure proper communication;

- The duty of the authority to disclose all evidence relied upon before passing adverse orders;

- The importance of affording a reasonable opportunity of hearing before cancellation of registration;

- The procedural safeguards are mandatory and non-compliance renders cancellation orders liable to be quashed.

Final determinations on each issue are:

- The cancellation order passed without opportunity of hearing and without assigning reasons is unsustainable and violates natural justice;

- The appellate authority's dismissal on limitation grounds does not cure procedural defects in the original order;

- The respondent authorities failed to comply with binding directions issued by the Coordinate Bench;

- The impugned order is quashed and set aside, and the matter remanded for fresh proceedings in accordance with law and procedural safeguards;

- The petitioner's registration remains suspended during the pendency of fresh proceedings, with strict timelines imposed on both parties.