9911796707
TMI Blog2024 (9) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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, and appeal filed by the petitioner under Section 107 of the GST Act is also dismissed. This petition is partly allowed by quashing and setting aside th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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. In the same manner, when it comes to passing the final order, the same shall also be passed in a physical form containing all the necessary information and particulars and shall be forwarded to the dealer by RPAD. 18.2 Over a period of time, we have noticed in many matters that the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancelling registration with liberty to the respondent No. 2 to issue fresh notice with particulars of reasons incorporated with details and thereafter to provide reasonable opportunity of hearing to the writ applicants, and to pass appropriate speaking orders on merits. It is needless to mention that it shall be open for the writ applicants to respond to such notices by filing objections / reply with necessary documents, if relied upon. We clarify that we have not gone into merits of the case. [5] 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 registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iv) After receipt of the reply from the petitioner, the respondent authorities shall pass appropriate order in accordance with law after providing an opportunity of personal hearing to the petitioner and after considering the reply of the petitioners within a period of four weeks from the date of personal hearing. (v) The aforesaid timeline shall be followed by both the sides. The petitioner shall also cooperate with the respondent authorities in compliance of the aforesaid timeline for disposal of the show-cause notice by the respondent authorities. [8] In view of the above, this petition is partly allowed by quashing and setting aside the impugned order passed by the Appellate Authority as well as order of cancellation of registration an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
