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GST - Highlights / Catch Notes

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Cancellation of GST registration ab initio with retrospective ...


GST registration cancelled retrospectively without valid SCN, violating natural justice. Order lacked reasons & wrongly backdated.

August 10, 2024

Case Laws     GST     HC

Cancellation of GST registration ab initio with retrospective effect from 01.07.2017 violated principles of natural justice as Show Cause Notice (SCN) did not specify any reason or provision allegedly violated by petitioner. SCN failed to propose cancellation with retrospective effect. SCN bereft of reasons, failing to meet standards required for a show cause notice to enable meaningful response. Order dated 16.06.2020 cancelling petitioner's GST registration lacked reasons, merely referring to SCN and non-existent reply. Order directed to take effect from SCN date 29.05.2020, not ab initio.

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