Facts of the Case
The petitioner had been granted GST registration.
The said GST registration was subsequently cancelled by the Assistant
Commissioner, Pithoragarh Sector–1, by order dated 14.06.2022.
Aggrieved by the cancellation of GST registration,
the petitioner approached the High Court by filing the writ petition. The
petitioner sought quashing of the GST registration cancellation order and
stated readiness to pay the balance tax, interest thereon and late fee, if any.
The petitioner also sought a direction requiring the
concerned respondent to decide the appeal on merits. In addition, the
petitioner prayed for permission to submit an application under Section 30 of
the CGST Act, 2017 for revocation of cancellation of the GST registration and
for a direction to the competent authority to consider such application in
accordance with law.
It was undisputed before the Court that the
petitioner had been granted GST registration and that the registration was
cancelled by the Assistant Commissioner, Pithoragarh Sector–1.
Issues
Involved
The principal issues arising before the High Court
were:
- Whether the petitioner could be permitted to seek revocation of
cancellation of GST registration under Section 30 of the CGST Act, 2017.
- Whether, in light of the Division Bench judgment in Vinod Kumar vs
Commissioner Uttarakhand State GST & Others, an appeal under Section
107 of the Uttarakhand GST Act, 2017 would lie to the Commissioner when
the Commissioner is not an adjudicating authority.
- Whether the petitioner should be granted liberty to file a manual
application for revocation of cancellation of GST registration.
- What procedural safeguards and timeline should govern disposal of
such revocation application by the competent authority.
Petitioner’s
Arguments
The petitioner submitted that the issue involved in
the writ petition was covered by the Division Bench judgment of the Uttarakhand
High Court in Vinod Kumar vs Commissioner Uttarakhand State GST & Others,
Special Appeal No. 123 of 2022, decided on 20.06.2022.
The petitioner relied upon the principle stated in
that judgment that the Commissioner is not an adjudicating authority and,
therefore, an appeal under Section 107 of the Uttarakhand GST Act, 2017 shall
not lie to the Commissioner.
The petitioner further submitted that the impugned
order reflected NIL tax liability against the petitioner. According to the
petitioner, this demonstrated that no revenue demand existed against it.
The petitioner also expressed readiness to pay the
balance tax, interest thereon and late fee, if any, and sought an opportunity
to apply for revocation of cancellation of GST registration under Section 30 of
the CGST Act, 2017.
Respondent’s
Arguments
The State was represented by the learned Standing
Counsel.
The order records the appearance of learned Standing
Counsel for the State but does not set out any detailed independent
counter-submissions or specific rebuttal advanced on behalf of the respondents.
The undisputed factual position recorded by the
Court was that GST registration had been granted to the petitioner and was
subsequently cancelled by the Assistant Commissioner, Pithoragarh Sector–1.
Court Order
/ Findings
The High Court disposed of the writ petition by
granting liberty to the petitioner to make a manual application for revocation
of cancellation of the GST registration.
The Court directed that:
- The petitioner may make the manual application for revocation
within ten days.
- The application shall be made before the Assistant Commissioner,
Pithoragarh Sector–1.
- If such an application is filed, it shall be disposed of by a
speaking and reasoned order.
- The petitioner shall be afforded a reasonable opportunity of
hearing.
- The application shall be decided within a period of thirty days
from its filing.
Thus, instead of directly restoring the GST
registration, the High Court provided a procedural remedy by permitting a
manual revocation application and requiring the competent authority to decide
it through a reasoned order after hearing the petitioner.
Important
Clarification
A significant aspect of the order is the reliance
placed by the petitioner on the Division Bench ruling in Vinod Kumar vs
Commissioner Uttarakhand State GST & Others.
In that related case, as recorded in the present
order, the Court had held that the Commissioner is not an adjudicating
authority and, therefore, an appeal under Section 107 of the Uttarakhand GST
Act, 2017 shall not lie to the Commissioner.
Another important factual aspect was the
petitioner’s submission that the impugned order showed NIL tax liability,
indicating that no revenue demand existed against the petitioner.
The High Court nevertheless did not itself order
automatic restoration of the GST registration. It granted liberty to file a
manual revocation application and required the competent authority to decide it
by a speaking and reasoned order after providing a reasonable opportunity of
hearing.
Sections
Involved
Section 30 of the CGST Act, 2017
This provision concerns revocation of cancellation of registration. The
petitioner specifically sought permission to submit an application under this
provision for revocation of cancellation of GST registration.
Section 107 of the Uttarakhand GST Act, 2017
This provision arose in the context of the related Division Bench judgment in
Vinod Kumar vs Commissioner Uttarakhand State GST & Others. As recorded in
the present order, the Division Bench had held that the Commissioner is not an
adjudicating authority and, therefore, an appeal under Section 107 shall not
lie to the Commissioner.
Key Takeaway
Where GST registration has been cancelled and the statutory appellate route raises a jurisdictional issue in light of the ruling in Vinod Kumar vs Commissioner Uttarakhand State GST & Others, the High Court may permit the taxpayer to submit a manual application for revocation of cancellation. In the present case, the Uttarakhand High Court allowed such an application to be filed within ten days and directed the competent Assistant Commissioner to decide it within thirty days through a speaking and reasoned order after granting a reasonable opportunity of hearing.
Link to download the order - https://www.mytaxexpert.co.in/uploads/1783333614_1241compressed.pdf
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