Violation of principles of natural justice - Show cause notice ...

Violation of natural justice - Inadequate notice, lack of physical verification, non-disclosure of visit attempt. Procedure flawed but dismissal justified due to petitioners' non-cooperation.

Case Laws     GST

August 1, 2024

Violation of principles of natural justice - Show cause notice did not disclose reasons for cancellation of petitioner's GST registration. Mere disclosure of reasons does not satisfy Rule 25 of GST Rules regarding physical verification of business premises. Respondents did not notify petitioners about attempt to identify petitioner's place of business. Postal endorsement alone cannot establish non-existence of company. Procedure adopted by respondents may not strictly follow rules but cannot be deemed illegal, especially when petitioners are unwilling for further inspection, raising presumption of withholding information. Petitioners not entitled to relief under Article 226, petition dismissed.

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