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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Rakhe Achi S/o Shri Rakhe Kokam – Appellant
Versus
Union of India, Represented by the Sectary, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual background leading to the writ petition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. summary of rival contentions regarding cancellation of registration. (Para 6 , 7) |
| 3. statutory requirements and procedure for gst cancellation. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. mandatory requirement of a reasoned speaking order. (Para 16 , 17 , 18 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. final orders and procedural remedial directions. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The petitioner has approached this Court by the instant writ petition, preferred under Article 226 of the Constitution of India, on the premise that his GST Registration under the Central Goods and Services Tax [CGST] Act, 2017 has been cancelled by an Order dated 27.05.2023 pursuant to issuance of a Show Cause Notice dated 16.01.2023. The assail is made inter-alia on the grounds that the manner in which the GST Registration has been cancelled is arbitrary and the impugned Order of cancellation has been passed by the Proper Officer without due application of mind.
2. It is the case of the petitioner that he is a person from the Scheduled Tribe and has been carrying on his business in the name
An order cancelling a registration under statutory provisions must be a speaking order, assigning specific reasons for the decision. The failure of an assessee to respond to a show cause notice does ....
A cancellation of GST registration must be a speaking order, providing clear reasons for its decision, especially when it entails adverse civil consequences.
The cancellation of GST registration must be supported by a reasoned order; failure to provide reasons renders the order illegal and violates principles of natural justice.
An administrative authority must provide reasons for its decisions, especially when such decisions adversely affect individuals, to ensure compliance with principles of natural justice.
A cancellation order under the CGST Act must be a speaking order, providing reasons for the decision; failure to comply renders the order invalid.
A cancellation order under the CGST Act must be a speaking order, providing reasons for the decision to ensure compliance with principles of natural justice.
The cancellation of GST Registration without providing reasons violates principles of natural justice and statutory requirements, rendering the order illegal.
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