Facts of the Case
The petitioner, Ashish Garg, being the legal heir of Late Sh.
Pawan Kumar (proprietor of M/s Kirti Plastics), challenged the order dated
14.03.2023 cancelling GST registration retrospectively from 28.05.2018.
The business was engaged in plastic manufacturing and was duly
registered under GST. The petitioner contended that returns were regularly
filed and taxes were duly paid. A Show Cause Notice dated 15.01.2023 was issued
alleging non-filing of returns under Section 39, though it lacked specific
reasons.
The proprietor passed away on 15.08.2021, and business operations ceased thereafter. The impugned order cancelled the registration retrospectively despite no outstanding demand and without proper reasoning.
Issues Involved
- Whether
GST registration can be cancelled retrospectively without proper
reasoning.
- Whether
a vague Show Cause Notice satisfies principles of natural justice.
- Whether
retrospective cancellation is justified when the taxpayer was compliant
during the relevant period.
- Whether cancellation impacts vested rights such as input tax credit and cash ledger balances.
Petitioner’s Arguments
- The
Show Cause Notice was vague and did not specify cogent reasons for
cancellation.
- The
petitioner was not properly served, as the notice was uploaded online and
not physically communicated.
- The
business had already ceased upon the death of the proprietor.
- Retrospective
cancellation unjustly blocked recovery of amounts lying in the electronic
cash ledger.
- No tax demand was raised, making retrospective cancellation arbitrary.
Respondent’s Arguments
- The
registration was liable to be cancelled due to non-filing of returns under
Section 39.
- The
proper officer exercised powers under Section 29(2) of the CGST Act.
- Retrospective cancellation may have consequences such as denial of input tax credit to customers.
Court’s Findings
- The
Show Cause Notice did not disclose proper reasons and failed to justify
retrospective cancellation.
- The
cancellation order was contradictory, stating both that no reply was filed
and simultaneously referring to a reply.
- No
objective satisfaction was recorded for retrospective cancellation as
required under Section 29(2).
- Retrospective
cancellation cannot be applied mechanically and must be based on objective
criteria.
- Mere
non-filing of returns does not justify cancellation for periods where the
taxpayer was compliant.
- The notice failed to inform the petitioner about retrospective cancellation, violating principles of natural justice.
Court Order / Decision
The Delhi High Court modified the impugned order and held
that:
- GST
registration shall be treated as cancelled from 15.08.2021 (date of
death of proprietor) instead of 28.05.2018.
- The
petitioner is allowed to apply for refund/claim of amounts in the
electronic cash ledger.
- The
department retains the right to recover any lawful dues.
- Issues relating to succession were left open for determination by competent authority.
Important Clarifications by Court
- Retrospective
cancellation must not be arbitrary and requires objective justification.
- Authorities
must consider consequences such as denial of input tax credit before
cancelling registration retrospectively.
- Proper
notice with clear reasons is mandatory before taking adverse action.
- Mechanical cancellation orders without reasoning are unsustainable in law.
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/62720022024CW24662024_103140.pdf
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