IN THE HIGH COURT OF ALLAHABAD
ROHIT RANJAN AGARWAL, J.
M/S Sharp Print Ways - Petitioner
Versus
State of U P and Others - Respondents
WRIT TAX NO. - 543 OF 2022.
Decided On : 09-01-2023
| Table of Content |
|---|
| 1. cancellation of gst registration reviewed. (Para 2 , 3) |
| 2. responsibility of informing change of business. (Para 4) |
| 3. court's duty to ensure all grounds are considered. (Para 5 , 6 , 7 , 8) |
| 4. order set aside; remittance to appellate authority. (Para 9) |
| 5. writ petition partly allowed. (Para 10) |
JUDGMENT
Rohit Ranjan Agarwal, J.
Sri Shubham Agrawal, learned counsel for the petitioner and Sri Rishi Kumar, learned Standing Counsel for the respondents- State are present.
2. This writ petition has been filed assailing the cancellation of registration of the petitioner-Firm under the GOODS AND SERVICES TAX ACT as well as order passed by Appellate Authority dated 27.10.2021.
3. According to the petitioner, he was registered under the Central Goods and Service Tax Act, 2017 (hereinafter called as "Act of 2017"). The Assessee was regularly filing his return from July, 2017 to November, 2020. A show cause notice was issued on 10.02.2021 to the petitioner on the ground that he was not functioning/not existing at the principal place of business. The notice remained un-replied and the cancellation order was passed by the Assessing Authority on 06.03.2021. A statutory appeal was preferred by the petitioner, which was rejected by the order impugned on the ground that Assessee, during the survey, which was conducted on 10.02.2021, i.e. the date on which the show cause notice was issued, was not running the business on the place mentioned. It was further noted by the first Appellate Authority that the rent agreement, which was brought to the notice by the petitioner dated 01.01.2021, after examination, was found that the place of business of the petitioner has changed and the rent agreement was for 11 months. No intimation was given to the Department about change of place of business.
4. Learned Standing Counsel submitted that intimation regarding change of business should have been given to the Department by the Assessee and when the survey was conducted, it was found that the petitioner was not running his business from the premises, which was noted with the Department.
5. I have hear Sri Subham Agrawal, learned counsel for the petitioner, Sri Rishi Kumar, learned Standing Counsel for the State and perused the material on record.
6. From perusal of the order passed by first Appellate Authority it transpires that the order, which runs into five pages, actually takes note of the entire ground taken in the memo of appeal by the Assessee and it covers almost four pages. In one paragraph, the appellate authority has recorded its reasoning stating therein that on the date, when the survey was conduced, the Assessee was not running business on the place, which was informed to the Taxing Department when the registration was done. Apart from this fact, no other finding has been recorded by the first Appellate Authority on the ground which have been taken in the appeal.
7. This Court finds that the first Appellate Authority is duty bound to consider all the grounds raised in the appeal. Before adjudicating any matter on merit, the first Appellate Authority should consider each and every ground so taken and record its findings. The order passed by first Appellate Authority on 27.10.2021 is a cryptic order and the cancellation of registration of GST has a ramification effect on the business of the petitioner.
8. It is also not in dispute to the Department that GST return was filed by the Assessee right from its implementation since July, 2017 till November, 2020. The first Appellate Authority once it had taken note about the rent agreement, should have taken into consideration that the place of business of the Assessee has changed and an opportunity should have been given to the Assessee to place all material before it and the authority should have recorded findings before rejecting the appeal confirming the order of cancellation of registration.
9. In view of the said fact, the order passed by first Appellate Authority dated 27.10.2021
Cancellation of GST registration must comply with statutory provisions, and authorities bear the burden to prove non-compliance.
The importance of providing detailed reasons for cancellation of registration and the need for compliance with the principles of natural justice.
The court found significant procedural lapses in the cancellation of GST registration, requiring authorities to provide a specific show-cause notice and an opportunity for the petitioner to respond, ....
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.
Orders lacking reasoning do not meet constitutional scrutiny under Article 14, allowing for judicial review and the right to respond to show cause notices.
The serious illness of a Managing Director can justify delays in responding to regulatory notices, warranting restoration of GST registration.
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