SANJEEV SACHDEVA, RAVINDER DUDEJA
Anju Industry – Appellant
Versus
Special Commissioner-1, Department of Trade And Taxes – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Petitioner impugns order in appeal dated 13.02.2024, whereby the appeal filed by the petitioner has been dismissed solely on the ground of limitation. Petitioner had filed the appeal impugning order dated 18.08.2022, whereby the GST registration of the petitioner has been cancelled retrospectively with effect from 01.07.2017.Petitioner also impugns Show Cause Notice dated 03.02.2022
2. Vide Show Cause Notice dated 03.02.2022, petitioner was called upon to show as to why the registration be not cancelled for the following reason:
"Returns furnished by you under section 39 of the Central Goods and Services Tax Act, 2017"
3. Petitioner was engaged in the business of manufacturing and trading of Machine Screws and LED Lights and possessed GST registration.
4. Show Cause Notice dated 03.02.2022 was issued to the petitioner. The notice does not specify any cogent reason, there is an observation in the notice stating "failure to furnish returns for a continuous period of six months". The said Show Cause Notice required the petitioner to appear before the undersigned i.e., authority issuing the notice. Notice does not give the name of the officer or place
Cancellation of GST registration with retrospective effect requires objective criteria and consideration of consequences, not solely based on the failure to file returns.
Cancellation of GST registration with retrospective effect must be based on objective criteria and intended consequences, and cannot be done mechanically.
Cancellation of GST registration with retrospective effect should be based on objective criteria and warranted consequences, and the respondents are not precluded from taking steps for recovery of an....
GST registration cannot be cancelled with retrospective effect mechanically and must be based on objective criteria.
GST registration cannot be cancelled with retrospective effect mechanically and must be based on objective criteria. The cancellation with retrospective effect should only be done if the consequences....
Cancellation of GST registration with retrospective effect should be based on objective criteria and consider the consequences of retrospective cancellation.
Cancellation of GST registration with retrospective effect must be based on objective criteria and intended consequences, not merely due to non-filing of returns.
GST registration cannot be cancelled with retrospective effect mechanically and must be based on objective criteria. Cancellation with retrospective effect should only occur when intended consequence....
Objective criteria must be used for retrospective cancellation of GST registration, and consequences must be warranted for such cancellation.
Cancellation of GST registration with retrospective effect requires objective criteria and consideration of consequences, and must be in accordance with the law and after providing an opportunity of ....
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