2025 (5) TMI 2138 - HC - GST

Cancellation of the petitioner s GST registration - Failure to file GST returns on time - petitioner is willing to file his GST returns and pay the entire tax liabilities along with applicable interest and penalty - HELD THAT - In this case the GST registration of the petitioner was cancelled by the first respondent vide the impugned order dated 17.7.2024. According to the petitioner due to his ill-health during the period from March 2025 to May 2025 he was not in a position to meet his Auditor so as to instruct him to file returns on his behalf on time however since the returns were not filed the GST Registration of the petitioner was cancelled by the first respondent vide the impugned order dated 17.02.2025. The reason provided for non-filing of returns in the considered opinion of this Court appears to be genuine. The petitioner is directed to file returns for the subject period till date if not filed together with tax dues along with interest thereon and the fee fixed for belated filing of returns within a period of 4 weeks from the date of restoration of GST Registration of the petitioner - The cancellation of registration is hereby revoked subject to the fulfillment of the conditions prescribed. Petition disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court were:

(a) Whether the cancellation of the petitioner's GST registration by the first respondent was justified given the petitioner's failure to file GST returns on time.

(b) Whether the petitioner's claim of ill-health during the period of non-compliance constituted a valid ground to revoke the cancellation order.

(c) Whether the petitioner should be allowed restoration of GST registration subject to conditions including payment of outstanding tax liabilities, interest, and penalties.

(d) The appropriate conditions and safeguards to be imposed upon restoration of GST registration, particularly concerning the utilization of Input Tax Credit (ITC).

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a) and (b): Validity of GST Registration Cancellation and Grounds for Revocation

The GST registration of the petitioner was cancelled by the first respondent by an order dated 17.7.2024 due to non-filing of GST returns. The petitioner contended that the failure to file returns was attributable to ill-health from March 2025 to May 2025, which prevented him from instructing his auditor to file returns timely.

The Court examined the petitioner's explanation and found the reason for non-compliance to be genuine. The legal framework under GST law mandates timely filing of returns and authorizes cancellation of registration for non-compliance. However, the Court recognized that exceptional circumstances such as ill-health could justify relief from strict enforcement.

The Court's reasoning emphasized the principle of fairness and equity, balancing the need for compliance with recognition of genuine hardship. The petitioner's willingness to pay outstanding dues further supported the case for revocation.

The Court noted that the respondents did not oppose the petitioner's request and fairly conceded that the petitioner's willingness to discharge tax liabilities warranted consideration of restoration.

Issue (c): Conditions for Restoration of GST Registration

Upon deciding to revoke the cancellation, the Court imposed specific conditions to ensure compliance and protect revenue interests. These conditions included:

• Filing of all pending GST returns for the relevant period within four weeks from the date of restoration.
• Payment of all outstanding tax dues, along with applicable interest and fees for belated filing.
• Prohibition on adjusting such payments from any unutilized or unclaimed Input Tax Credit (ITC) held by the petitioner.

The Court's interpretation of the law required that restoration be conditional and subject to strict compliance to prevent misuse or evasion. The conditions reflect the statutory framework governing GST compliance and the safeguarding of government revenue.

Issue (d): Treatment of Input Tax Credit (ITC) Post-Restoration

The Court further clarified the treatment of ITC after restoration. It held that:

• Any unutilized ITC shall not be utilized until it is scrutinized and approved by a competent officer of the Department.
• Only approved ITC may thereafter be used to discharge future tax liabilities under the GST Act and Rules.
• If the petitioner fails to comply with any condition, the benefit of restoration shall automatically cease.

This approach reflects a cautious and controlled mechanism to prevent improper utilization of ITC credits, which are often subject to scrutiny due to their potential for abuse.

The Court's reasoning balanced the petitioner's rights with the need for administrative oversight and accountability. The conditions ensure that restoration is not a blanket waiver but a monitored process aligned with statutory provisions.

3. SIGNIFICANT HOLDINGS

The Court held:

"The reason provided for non-filing of returns, in the considered opinion of this Court, appears to be genuine."

"In view of the above, this Court is inclined to revoke the impugned order passed by the respondent canceling the GST registration of the petitioner."

"The cancellation of registration is hereby revoked, subject to the fulfillment of the following conditions..."

Core principles established include:

• Cancellation of GST registration for non-filing of returns can be revoked if the petitioner demonstrates genuine hardship and willingness to comply.
• Restoration is conditional upon filing all pending returns, payment of dues with interest and fees, and strict regulation of ITC utilization.
• Unutilized ITC cannot be used without prior scrutiny and approval by the competent authority.
• Failure to comply with conditions results in automatic cessation of the benefit of restoration.

Final determinations:

• The impugned order cancelling the GST registration is quashed.
• The GST registration of the petitioner is restored subject to the conditions enumerated.
• The petitioner must file returns and pay all dues within four weeks from restoration.
• The petitioner cannot adjust payments against unutilized ITC without departmental approval.
• Non-compliance with these conditions will lead to automatic revocation of the restoration.