AJAY BHANOT
K. K. R. Industries – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Hon'ble Ajay Bhanot, J.-Heard Shri Vishwas Pandey, learned counsel and Shri Mahesh Dwivedi, learned counsel for the petitioner, Shri Naveen Chandra Gupta, learned Central Counsel for the respondent Nos. 1 and 2-Union of India and Shri Rishi Kumar, learned Additional Chief Standing Counsel for the State.
2. The petitioner in the writ petition is aggrieved by the impugned order ref. No. ZA090722077658X dated 13.7.2022 which cancels the GST registration under the GST Act.
3. The appeal of the petitioner has been rejected on grounds of limitation by the impugned order ref.No. ZD091023027190Y dated 6.10.2023 passed by the respondent No. 4.
4. The petitioner is also aggrieved by the show-cause notice ARNZA090622139048H dated 20.6.2022 passed by the respondent No. 5.
5. Shri Vishwas Pandey, learned counsel and Shri Mahesh Dwivedi, learned counsel for the petitioner submit that :
II. The order of cancellation of GST registration virtually compels the petitioner to shut down his business.
III. The order is non-speaking and reflects non application of mind despite visit the petitio
Cancellation of GST registration must follow due process, including a clear show-cause notice and a reasoned order, to uphold the principles of natural justice.
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 without providing reasons violates principles of natural justice and statutory requirements, rendering the order illegal.
The cancellation of registration must satisfy the requirements of Section 29 of the CGST Act. The show-cause notice for cancellation must contain specific allegations and proposed evidence. The order....
A cancellation order under the CGST Act must be a speaking order, providing reasons for the decision; failure to comply renders the order invalid.
The obligation to provide a reasoned order and consider the mode of service and date of knowledge for appeal timelines is crucial in administrative decisions.
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.
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.
An administrative authority must provide reasons for its decisions, especially when such decisions adversely affect individuals, to ensure compliance with principles of natural justice.
Clarity in show cause notices and consideration of petitioner's submissions are essential in GST registration cancellation proceedings.
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