Facts of the Case
The Petitioner, Goyal Metal Industries, challenged two
key actions of the GST Department:
- Retrospective
cancellation of GST registration effective from 01.07.2017.
- Demand
order dated 11.12.2023 passed under Section 73 of the Central
Goods and Services Tax Act, 2017, raising a demand of ₹18,51,918.60
(including penalty).
The Petitioner contended that:
- Business
operations were carried out only till 31.12.2017.
- Application
for cancellation of GST registration was filed effective 01.01.2018.
- Due to retrospective cancellation, the Petitioner could not access the GST portal and was unaware of the Show Cause Notice.
Issues Involved
- Whether
retrospective cancellation of GST registration depriving access to the GST
portal violates principles of natural justice.
- Whether
an order under Section 73 CGST Act can be sustained when the
taxpayer was unable to respond due to portal inaccessibility.
- Whether cancellation date should align with actual cessation of business activities.
Petitioner’s Arguments
- The
Petitioner was unable to respond to the Show Cause Notice due to
lack of access to the GST portal.
- Retrospective
cancellation from 01.07.2017 was arbitrary since business continued
till 31.12.2017.
- The
Petitioner had filed returns up to the period of business operations.
- The cancellation should be effective from 01.01.2018, i.e., the date of application.
Respondent’s Arguments
- The
GST portal reflected retrospective cancellation from 01.07.2017,
but relevant records were not accessible even to the department.
- The Respondent did not object to revising the cancellation date to 01.01.2018, without prejudice to future action.
Court Findings / Order
The Delhi High Court held:
- The
impugned order dated 11.12.2023 was unsustainable, as it was
passed solely due to non-response by the taxpayer.
- Retrospective
cancellation effectively prevented the Petitioner from accessing the
GST portal, thereby violating principles of natural justice.
- The
Court set aside the demand order.
- GST
registration was directed to be treated as cancelled w.e.f. 01.01.2018.
- The
Respondent was directed to:
- Re-serve
the Show Cause Notice under Section 73 CGST Act.
- Provide
an opportunity for reply and personal hearing.
- Pass a reasoned (speaking) order.
Important Clarification by Court
- The
Court clarified that it did not adjudicate on the merits of the
case.
- All rights and contentions of both parties were kept open.
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/62713032024CW36322024_165403.pdf
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