9911796707
TMI Blog2024 (1) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... Shahil Rao, Advocate. For the Respondents: Ms. Arunima Dwivedi, Senior Standing Counsel for CBIC with Ms. Pinky Pawan and Mr. Aakash Pathak, Advocates. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. The petitioner impugns order dated 24.08.2023, whereby the appeal filed by the petitioner has been dismissed solely on the ground of limitation. Petitioner had filed the appeal impugning order dated 07.02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner has to appear and merely states "jurisdiction officer". 4. Further the order dated 07.02.2023 passed on the show cause notice merely refers to the reply filed by the petitioner on 09.12.2022 and does not give any reasons for cancellation of the registration. It, however, states that the registration is liable to be cancelled for the following reason "file all returns and pay all dues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en generated during the period. 7. We notice that the show cause notice as well as the impugned order of cancellation, are themselves vitiated on account of lack of reason and clarity. The appeal has been dismissed solely on the ground of limitation. Since the very foundation of entire proceedings i.e. show cause notice and the order of cancellation are vitiated, we are of the view that no purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled and the taxpayer was compliant. 9. It is important to note that, according to the respondent, one of the consequences for cancelling a tax payer'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, we do not consider it apposite to examine this aspect bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date within a period of two weeks from today. 12. However, respondent would be at liberty to initiate appropriate proceedings in accordance with law after giving a proper show cause notice containing complete details, if so advised. Further this order would not preclude the respondent from initiating any steps in accordance with law, if it is found that the petitioner had violated any provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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