SANJEEV SACHDEVA, RAVINDER DUDEJA
Chehak Fashions Through Its Proprietor Sh. Manish Golchha – Appellant
Versus
Commissioner, Delhi Gst – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order dated 01.01.2023 whereby the appeal of the Petitioner has been dismissed solely on the ground that the same is barred by limitation. Petitioner also impugns order dated 26.10.2021 whereby the GST registration of the petitioner was cancelled retrospectively with effect from 26.07.2017 and also impugns Show Cause Notice dated 20.09.2021.
2. Vide Show Cause Notice dated 20.09.2021, petitioner was called upon to show cause as to why the registration be not cancelled for the following reason:
"Any Taxpayer other than composition taxpayer has not filed returns for a continuous period of six months."
3. Petitioner was engaged in the business of trading of woven fabric and possessed GST registration.
4. The Show Cause Notice was issued to the petitioner on 20.09.2021. Though the notice does not specify any cogent reason, it merely states "any taxpayer other than composition taxpayer has filed returns for a continuous period of six months". Further, the said Show Cause Notice fails to mention the date and time for the Petitioner to appear for the personal hearing. Further, it also does not put the petitioner to notice that the regis
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. Cancellation with retrospective effect should only occur when intended consequence....
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 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. The cancellation with retrospective effect should only be done if the consequences....
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 ....
Cancellation of registration with retrospective effect must be based on objective criteria and supported by reasoning and particulars in the show cause notice and impugned order. The petitioner must ....
Cancellation of GST registration with retrospective effect must be based on objective criteria and proper notice, and the proper officer must consider all relevant aspects before passing such orders.
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