The High Court held that the show cause notice (SCN) issued for ...

Court Invalidates GST Cancellation Due to Vague Notice, Orders Restoration and Permits Fresh Proceedings.

August 28, 2024

Case Laws GST HC

The High Court held that the show cause notice (SCN) issued for cancellation of the petitioner's Goods and Services Tax (GST) registration was vague and violated principles of natural justice. The SCN did not specify the date or time for personal hearing, nor did it provide proper reasons for the proposed cancellation, such as details of the alleged fraud, willful misstatement, or suppression of facts. Additionally, the SCN proposed retrospective cancellation without mentioning the same. The court emphasized that the purpose of an SCN is to enable the noticee to respond to allegations, and denying this opportunity violates natural justice. Consequently, the impugned order canceling the petitioner's GST registration was set aside as unreasoned and in violation of natural justice principles. The respondents were directed to restore the petitioner's GST registration immediately, though fresh proceedings for statutory violations or recovery of dues were permitted.

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The High Court held that the show cause notice (SCN) issued for ...

Court Invalidates GST Cancellation Due to Vague Notice, Orders Restoration and Permits Fresh Proceedings.

August 28, 2024

Case Laws GST HC

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