2025 (5) TMI 1518 - HC - GST

Defective show cause notice - Cancellation of the petitioner s GST registration - frozen the account - registration obtained by fraud willful misstatement or suppression of facts - business of Contractor in MES - challenged the validity of impugned show cause notice and the orders of cancellation - HELD THAT - Show cause notice states that If you fail to furnish a reply within the stipulated date or fail to appear for personal hearing on the appointed date and time the case will be decided ex parte on the basis of available records and on merits . However the show cause notice does not even have the name designation or office of the issuing authority who could be treated as the undersigned before whom the petitioner would have had to appear or the date and time stipulated. There are no reasons mentioned in the order. The order is completely bereft of any reasoning details or discussion and simply is a cryptic one line order that the effective date of cancellation is 24.07.2022. The order ex facie shows complete non application of mind and appears to be an autogenerated order. Since the very foundation of the proceedings i.e. show cause notice is defective further proceedings thereon stand vitiated. Thus the impugned show cause notice dated 15.07.2022 and the orders of cancellation dated 02.08.2022 and 30.06.2023 and recovery notice dated 06.07.2023 are set aside. Petition is allowed in the above terms. It would be however open to the respondents to take further action in accordance with law inter alia cancellation of registration with retrospective effect and recovery of any tax dues. However the same would be in accordance with law and pursuant to a proper Show Cause Notice being issued giving full details and an opportunity of personal hearing being given to the petitioner.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court were:

- Whether the Show Cause Notice dated 15.07.2022, issued under Section 29(2)(e) of the Goods & Services Tax Act, 2017, seeking cancellation of the petitioner's GST registration on grounds of fraud, willful misstatement, or suppression of facts, was valid and sustainable.

- Whether the subsequent cancellation orders dated 02.08.2022 and 30.06.2023, which cancelled the registration of the petitioner with retrospective effect, were legally valid.

- Whether the recovery notice dated 06.07.2023, which froze the petitioner's account and created a demand, was valid in light of the alleged defective show cause notice and cancellation orders.

- Whether the procedural requirements, including issuance of a proper show cause notice specifying grounds and opportunity for personal hearing, were complied with before cancellation and recovery actions were taken.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of the Show Cause Notice dated 15.07.2022 under Section 29(2)(e) of the GST Act

Relevant legal framework and precedents: Section 29(2)(e) of the GST Act empowers the authority to cancel a registration if it was obtained by means of fraud, willful misstatement, or suppression of facts. Procedural fairness mandates that a show cause notice must specify the grounds with sufficient detail to enable the recipient to respond effectively. Precedents emphasize that vague or cryptic notices lacking particulars of alleged misconduct are liable to be quashed for non-compliance with principles of natural justice.

Court's interpretation and reasoning: The Court observed that the show cause notice merely reproduced the statutory provision verbatim without specifying the exact nature of the alleged fraud, misstatement, or suppression of facts. It did not disclose which of the three grounds applied, nor did it provide any factual particulars or evidence supporting the allegations. Furthermore, the notice failed to specify the name, designation, or office of the issuing authority, the date and time for personal hearing, or any procedural details.

Key evidence and findings: The notice was devoid of any substantive content beyond quoting the statutory provision. No particulars of the alleged wrongdoing were furnished. The petitioner's attempt to change the registered address was declined due to non-filing of property tax receipt, and subsequent inspection revealed petitioner's absence at the registered address. However, these facts were not mentioned in the show cause notice.

Application of law to facts: The Court held that the show cause notice was "completely bereft of any detail" and failed to meet the requirements of a valid notice under the law. The absence of particulars and procedural details rendered the notice defective and unsustainable.

Treatment of competing arguments: The respondents contended that the cancellation was justified due to petitioner's failure to comply with address change formalities and non-availability at the registered address. The Court rejected this argument on the ground that these facts were not communicated in the show cause notice or the cancellation order, thus denying the petitioner an opportunity to respond.

Conclusion: The show cause notice dated 15.07.2022 was invalid and liable to be quashed.

Issue 2: Validity of the Cancellation Orders dated 02.08.2022 and 30.06.2023

Relevant legal framework and precedents: Cancellation orders must be reasoned, based on proper application of mind, and follow a valid show cause notice and hearing. Orders lacking reasons or appearing to be "autogenerated" are liable to be set aside. Retrospective cancellation requires strict adherence to procedural safeguards.

Court's interpretation and reasoning: The cancellation order dated 02.08.2022 referred to the petitioner's reply dated 24.07.2022 but simultaneously stated that no reply had been submitted, creating an inconsistency. The order was a cryptic one-line statement fixing the effective date of cancellation without any reasons or discussion. The Court found this indicative of non-application of mind and procedural impropriety.

Key evidence and findings: The order was silent on the grounds for cancellation, did not address the petitioner's response, and lacked any reasoning or detailed findings. The respondents' explanation about the petitioner's absence at the registered address and failure to file property tax receipt was not reflected in the order.

Application of law to facts: The Court concluded that the cancellation orders were unsustainable due to the absence of reasons and failure to comply with procedural requirements. The orders appeared to be "autogenerated" and failed to satisfy the legal standards for cancellation.

Treatment of competing arguments: Respondents' reliance on procedural non-compliance by the petitioner was rejected as these facts were not communicated in the orders or notices, thus violating principles of natural justice.

Conclusion: The cancellation orders dated 02.08.2022 and 30.06.2023 were set aside.

Issue 3: Validity of the Recovery Notice dated 06.07.2023 freezing petitioner's account and creating demand

Relevant legal framework and precedents: Recovery actions including freezing of accounts and demand creation must be based on valid antecedent proceedings, including valid registration cancellation and proper notices. Recovery actions without valid foundation are liable to be quashed.

Court's interpretation and reasoning: Since the foundational show cause notice and cancellation orders were quashed, the recovery notice issued on 06.07.2023 was also invalid. The Court emphasized that recovery proceedings cannot proceed on the basis of defective antecedent actions.

Key evidence and findings: The recovery notice was issued after cancellation orders which were found defective. No independent valid basis was shown for the recovery action.

Application of law to facts: The recovery notice was set aside as it was premised on invalid cancellation proceedings.

Treatment of competing arguments: Respondents were permitted to initiate fresh proceedings in accordance with law.

Conclusion: The recovery notice dated 06.07.2023 was quashed.

Issue 4: Procedural compliance and opportunity of personal hearing

Relevant legal framework and precedents: Principles of natural justice require that before cancellation of registration and recovery actions, a proper show cause notice specifying grounds must be issued, and the affected party must be given an opportunity for personal hearing.

Court's interpretation and reasoning: The show cause notice failed to specify the date and time for personal hearing or the authority before whom the petitioner was to appear. This amounted to denial of opportunity to be heard.

Key evidence and findings: The notice stated that failure to appear would lead to ex parte decision but did not specify when or where the hearing would be held or by whom.

Application of law to facts: The Court held that the procedural lapses vitiated the entire proceedings and necessitated quashing of the impugned actions.

Treatment of competing arguments: Respond

← Previous Next →