• twitter-icon
Unlimited Tax Return Filing


Delhi HC Quashes GSTIN Cancellation Order as Issued Without Any Reason

Delhi HC's Order for Vijay Sales Enterprises

In a recent case, the Delhi High Court overturned a GST registration cancellation order that had been issued without providing a clear reason. The petitioner, Vijay Sales Enterprises, challenged an order dated December 2, 2022, where the respondent had retroactively cancelled the petitioner’s GST registration, originally granted on December 12, 2019.

The petitioner had initially applied for the cancellation of the GST registration, requesting it to be effective from July 31, 2022, due to the discontinuation of its business operations. Following this application, the concerned officer issued a notice on August 3, 2022, asking the petitioner to submit certain documents, which the petitioner failed to provide.

On August 26, 2022, the concerned officer rejected the petitioner’s application for GST registration cancellation, citing the petitioner’s failure to furnish the required documents. Subsequently, on August 30, 2022, the concerned officer issued a show-cause notice, asking the petitioner to explain why their registration should not be cancelled.

The reason mentioned in the Show Cause Notice for the proposed GST registration cancellation was, “In case registration has been obtained using fraud, willful misstatement, or suppression of facts.”

On September 7, 2022, the petitioner responded to the Show Cause Notice, denying any involvement in fraud, misstatement, or the suppression of facts. The petitioner also requested a postponement of the hearing date to allow for attendance. However, the concerned officer issued the impugned order, cancelling the petitioner’s GST registration retrospectively.

It was evident that the impugned order violated the principles of natural justice. The Show Cause Notice did not specify the grounds on which the petitioner’s GST registration was proposed to be cancelled. It merely mentioned, “In case registration has been obtained using fraud, willful misstatement, and suppression of facts,” without specifying the alleged fraudulent actions committed by the petitioner.

The Show Cause Notice lacked clarity and did not provide the petitioner with sufficient information to respond meaningfully. The petitioner had consistently denied any involvement in fraud, misstatement, or the suppression of facts.

Read Also: GSTIN Cancellation Process Will be Applied If Not Filed GSTR-3B for a Continuous 6 Months

A division bench consisting of Justice Vibhu Bakhru and Justice Amit Mahajan found that the impugned order lacked reasoning and simply stated that the petitioner’s response was unsatisfactory.

Neither the Show Cause Notice nor the impugned order offered any insight into the reasons for cancelling the petitioner’s GST registration. As a result, the court set aside both the Show Cause Notice and the impugned order.

Case TitleVijay Sales Enterprises Versus Superintendent Range
Case No.W.P.(C) 13596/2023 & CM APPL. 53641/2023
Date13.10.2023
Counsel For PetitionerMr Pulkit Verma & Mr Piyush
Pruthi
Counsel For RespondentMr Atul Tripathi & Mr V. K. Attri
Delhi High CourtRead Order

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Arpit Kulshrestha
Arpit Kulshrestha seeks higher interests in financial services, taxation, GST, I-T, etc. Writes articles with depth knowledge and is extensive for the same. The resources provide effective articles for the products of SAG infotech which provides taxation and IT software. Writing from observations and researching makes his articles virtuous. View more posts
SAGINFOTECH PRODUCTS

Leave a comment

Your email address will not be published. Required fields are marked *

Follow Us on Google News

Google News

Latest Posts

New Offer for Professionals

Super Tax Offer

Upto 20% Off
Tax, ROC/MCA, XBRL, Payroll, Online GST

Limited Offer, Hurry

Big Offer for Tax Experts

Upto 20% Discount on Tax Software

    Select Product*

    Current GST Due Dates