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GST - Highlights / Catch Notes

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Cancellation of registration of the petitioner - Defective show ...


Court Overturns Registration Cancellation Due to Defective Show Cause Notice Lacking Required Date and Time u/r 22(1.

November 9, 2021

Case Laws     GST     HC

Cancellation of registration of the petitioner - Defective show cause notice (SCN) - A bare perusal of the show cause notice format prescribed under Rule 22(1) shows that there is a difference in the show cause notice dated 12.5.2021 issued to the petitioner and in the form of the show cause notice quoted aforesaid. The specific date and time is necessarily required to be mentioned in the notice for showing cause which is conspicuous by its absence in the notice to the petitioner. Moreover, the proviso to subsection (2) of Section 29 mandates opportunity of hearing being provided to the person whose registration is proposed to be cancelled before cancelling the registration - Order of cancellation quashed - HC

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