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TMI Blog2024 (7) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Deputy Solicitor General of India for respondent No.2 and Mr.Dominic Fernandes, learned Senior Standing Counsel for respondent No.4. Perused the material available on record. 2. The instant writ petition has been filed for the following reliefs: I. to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring impugned Order vide Ref No ZD360424095697S dated 30/04/2024 passed by the 1St Respondent under the provisions of CGST/TGST Act 2017 as being void arbitrary illegal without jurisdiction violative of the principles of natural justice apart from being violative of Articles 14 191g and 265 of the Constitution of India and to consequently set aside the same and pass such further or other or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Andhra Pradesh in W.P.No.29397 of 2023 and stood decided on 10.11.2023, wherein the Hon'ble Division Bench of the Andhra Pradesh High Court had under similar circumstances in paragraph Nos.7 to 12 held as under : 7. On consideration of the submissions advanced and the legal provisions, we are of the view that Section 160 of CGST Act 2017 is not attracted. An unsigned order cannot be covered under ―any mistake, defect or omission therein‖ as used in Section 160. The said expression refers to any mistake, defect or omission in an order with respect to assessment, re-assessment; adjudication etc and which shall not be invalid or deemed to be invalid by such reason, if in substance and effect the assessment, re-assessment etc is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of law would not come to the rescue of the respondent herein, for justifying the impugned action. 11. The writ petition deserves to be allowed on the first ground itself. 12. Consequently, we are not entering into the merits of the second ground, leaving it open to the concerned authority to consider, if the ground as in the impugned order, is different than the one contained in the show cause notice, and if it is so, it shall be open for the Authority to issue fresh notice, if it is proposed to proceed on such ground. However, at this stage, learned counsel for the petitioner submits that the petitioner has submitted reply to the show cause notice dated 31.01.2023 and he shall also file additional reply, with respect to the alleged n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions made Supra. There shall be no order as to costs. 7. There was yet another view from the Bombay High Court in W.P.No.9331 of 2022, decided on 21.09.2022, wherein under similar circumstances the Bombay High Court taking into consideration the provisions of Rule 26(3) of the CGST Rules 2017, in paragraph Nos.43 to 45 held as under: Therefore, any person aggrieved by any decision or order passed under the Act may apply to the Appellate Authority within three months from the date on which such decision or order is communicated to such person. Rule 26(3) of the Central Goods and Services Tax Rules, 2017 (the CGST Rules) and it is pari materia with Maharashtra Goods and Services Tax Rules, 2017 requires orders issued under Chapter III of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Goods and Services Tax Rules, 2017 and the parimateria Maharashtra Goods and Services Tax Rules, 2017 requires orders issued under Chapter III of the rules to be authenticated by a digital signature certificate or through E-signature or by any other mode of signature or verification notified in this behalf. The Form GST-REG 19 which was notified under the Rules for the purposes of passing order for cancellation of registration specifically requires the signature of the officer passing the order. 8. Thus, the limitation period for filing the appeal against the Order for Cancellation of Registration dated 14 November 2019 never began because the Order was not signed in accordance with the rules. Alternatively, the limitation peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covered by the decision of a coordinate Bench of this Court in Railsys Engineers Private Limited & Anr. V. The Additional Commissioner of Central Goods and Services Tax (Appeals-II) & Anr. W.P.(C) 4712/2022, decided on 21.07.2022.: An unsigned notice or an order cannot be considered as an order as has been held by the Bombay High Court in Ramani Suchit Malushte vs. Union of India and ors. W.P.(C) 9331/2022, decided on 21.09.2022. In view of the above, the impugned order dated 07.06.2022 is set aside. Since it is stated that the show cause notice dated 06.02.2021 should be confirmed to the discrepancies as pointed out in the notice dated 01.01.2021, this Court does not consider it apposite to set aside the said show cause notice but t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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