2025 (6) TMI 171 - HC - GST

Cancellation of GST registration with effect from 1st July 2017 - proper service of impugned order or not - violation of principles of natural justice - HELD THAT - Considering the fact that the impugned order is an appealable order under Section 107 of Central Goods and Services Tax Act. 2017 and the said contentions can be raised by the Petitioner before the concerned Appellate Authority as well this Court is of the opinion that the impugned order does not warrant interference under the writ jurisdiction. However the Petitioner is permitted to file an appeal before the Appellate Authority along with the requisite pre-deposit by 10th July 2025. If the said appeal is filed within the stipulated time along with the pre-deposit the impugned order dated 30th July 2024 would automatically remain stayed and the impediment which the Petitioner faces to reactivate its GST registration would then be removed. Let the Petitioner file the appeal by 10th July 2025 along with the pre-deposit and give an intimation to the GST Department of the same. Upon receiving the said intimation within 15 days if there is no other legal impediment and/or remaining outstanding the GST registration of the Petitioner shall be reactivated - Petition disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

- Whether the impugned order dated 30th July, 2024, which demands tax, interest, and penalty totaling Rs. 37,49,709/- against the Petitioner, is valid, given the Petitioner's claim that the Show Cause Notice dated 22nd May, 2024 was never duly served.

- Whether the retrospective cancellation of the Petitioner's GST registration with effect from 1st July, 2017 was valid, especially in light of the earlier order dated 25th October, 2024, which recalled the cancellation subject to no outstanding dues or legal impediments.

- Whether the Petitioner was given a fair opportunity to respond to the Show Cause Notice and the subsequent demand order.

- Whether the Petitioner can seek relief under writ jurisdiction against the impugned order or whether the remedy lies before the Appellate Authority under the Central Goods and Services Tax Act, 2017.

- The procedural propriety and consequences of non-receipt or non-awareness of the Show Cause Notice and impugned order by the Petitioner.

2. ISSUE-WISE DETAILED ANALYSIS

Validity of the Impugned Order and Service of Show Cause Notice

The Petitioner contended that the Show Cause Notice dated 22nd May, 2024, which led to the impugned order dated 30th July, 2024, was never duly served. The Petitioner first became aware of the order only in March, 2025, upon receiving a letter from the GST Department referencing the outstanding liability and the demand order. The Petitioner sought quashing of the impugned order and an opportunity to file a reply and be heard.

The Respondent argued that despite suspension of the GST registration, the Petitioner had continuous access to the GST portal where the Show Cause Notice was uploaded. The Petitioner's failure to file a reply was therefore unjustified.

The Court noted the procedural framework under the Central Goods and Services Tax Act, 2017, which mandates issuance and service of Show Cause Notices prior to passing demand orders. The Court acknowledged the Petitioner's claim of non-receipt but emphasized the availability of notices on the GST portal. The Court did not find sufficient grounds to interfere with the impugned order under writ jurisdiction, given that the Petitioner had an alternative remedy of appeal.

Retrospective Cancellation of GST Registration

The Petitioner's GST registration was cancelled retrospectively from 1st July, 2017 by an order dated 4th July, 2023. This cancellation was challenged in an earlier writ petition, which was disposed of on 25th October, 2024. The operative portion of that order held that the cancellation could not be sustained in the absence of any notice indicating intent to cancel retrospectively. The order directed that the cancellation be recalled subject to verification that no tax dues remain outstanding and no other legal impediments exist.

The Court observed that the impugned order demanding tax dues was an impediment to reactivation of the GST registration as per the earlier order. The Court reiterated that the registration should be restored if no dues remain and no legal impediments exist.

Opportunity to be Heard and Procedural Fairness

The Petitioner sought an opportunity to respond to the Show Cause Notice and the impugned order. The Court recognized the importance of procedural fairness but held that the Petitioner's remedy was to file an appeal before the Appellate Authority under Section 107 of the CGST Act, 2017. The Court noted that the impugned order is appealable and that the Petitioner could raise all contentions therein.

The Court directed that if the Petitioner filed the appeal with the requisite pre-deposit by the stipulated date, the impugned order would be stayed automatically, removing the impediment to GST registration reactivation. The Court also clarified that the appeal would not be dismissed as barred by limitation and would be adjudicated on merits.

Jurisdictional and Procedural Remedies

The Court emphasized that the writ jurisdiction under Article 226 is not the appropriate forum to interfere with the impugned order, which is appealable under the statutory scheme. The Court therefore declined to quash the impugned order but facilitated the Petitioner's access to the appellate remedy.

3. SIGNIFICANT HOLDINGS

"In the absence of the notice having embodied any intent of the respondents to cancel from a retrospective date, we find ourselves unable to sustain the order of cancellation."

"The order passed by this Court dated 25th October, 2024, is clear to the extent that the GST registration is to be restored for the Petitioner, if there are no dues remaining outstanding and there is no other legal impediment."

"Considering the fact that the impugned order is an appealable order under Section 107 of Central Goods and Services Tax Act, 2017 and the said contentions can be raised by the Petitioner before the concerned Appellate Authority as well, this Court is of the opinion that the impugned order does not warrant interference under the writ jurisdiction."

"If the said appeal is filed within the stipulated time along with the pre-deposit, the impugned order dated 30th July, 2024 would automatically remain stayed and the impediment which the Petitioner faces to reactivate its GST registration would, then, be removed."

Core principles established include the procedural requirement of proper notice for retrospective cancellation of GST registration, the availability of statutory appellate remedies against demand orders under the CGST Act, and the limited scope of writ jurisdiction in matters where efficacious alternative remedies exist. The Court underscored the importance of compliance with procedural safeguards and the necessity for the Petitioner to exhaust statutory remedies before seeking writ relief.

Final determinations were that the impugned order would not be interfered with under writ jurisdiction; the Petitioner was granted liberty to file an appeal with pre-deposit by the specified date; the appeal would stay the impugned order; and upon compliance, the GST registration would be reactivated subject to no other legal impediments or outstanding dues.