2025 (6) TMI 658 - HC - GST

Cancellation of the registration of the petitioner on the premise that the statutory returns has not been filed for a continuous period of six months - invocation of Section 29(2) of CGST Act - it is submitted by petitioner that the returns have been filed and the appropriate taxes have also been paid and the petitioner is ready to pay any further taxes that may be due along with late fee and interest as required under GST Act - HELD THAT - This Court has been consistently following the directions issued in Tvl. Suguna Cutpiece Center s case 2022 (2) TMI 933 - MADRAS HIGH COURT where it was held that The petitioners are directed to file their returns for the period prior to the cancellation of registration if such returns have not been already filed together with tax defaulted which has not been paid prior to cancellation along with interest for such belated payment of tax and fine and fee fixed for belated filing of returns for the defaulted period under the provisions of the Act within a period of forty five (45) days from the date of receipt of a copy of this order if it has not been already paid. The benefit extended by this Court vide its earlier order in Suguna Cutpiece Center s case may be extended to the petitioner. Petition disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court are:

- Whether the cancellation of the petitioner's GST registration under Section 29(2) of the CGST Act, on the ground of non-filing of statutory returns for a continuous period of six months, is justified.

- Whether the petitioner, having filed returns and paid taxes (or being willing to pay taxes, interest, and late fees), is entitled to revocation of the cancellation of registration.

- The applicability and scope of the precedent set by the judgment in Tvl. Suguna Cutpiece Center's case, particularly regarding the conditions for revocation of GST registration cancellation.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of Cancellation of GST Registration under Section 29(2) of the CGST Act for Non-filing of Returns

Relevant legal framework and precedents: Section 29(2) of the CGST Act empowers the tax authorities to cancel the registration of a taxpayer if the statutory returns have not been filed for a continuous period of six months. This provision is designed to ensure compliance and prevent misuse of the GST registration system.

Court's interpretation and reasoning: The Court acknowledged the statutory provision and the basis for cancellation. However, it recognized that the petitioner had filed returns and paid appropriate taxes, or was willing to do so along with applicable late fees and interest. The Court emphasized that mere invocation of Section 29(2) without considering the actual compliance status and willingness to regularize cannot be absolute.

Key evidence and findings: The petitioner's counsel submitted that returns had been filed and taxes paid. There was no dispute that the petitioner was prepared to pay any outstanding dues along with interest and late fees. This factual position was critical in the Court's assessment.

Application of law to facts: Given the petitioner's compliance or readiness to comply, the Court found that cancellation under Section 29(2) should not be rigidly applied to deny the petitioner's registration without an opportunity to regularize the default.

Treatment of competing arguments: While the respondents relied on the statutory mandate for cancellation, the Court balanced this against the petitioner's submissions and the principle of natural justice, allowing for rectification of defaults.

Conclusions: The Court concluded that cancellation could be revoked subject to conditions ensuring payment of dues and compliance going forward.

Issue 2: Applicability of the Precedent in Tvl. Suguna Cutpiece Center's Case for Revocation of Cancellation

Relevant legal framework and precedents: The judgment in Tvl. Suguna Cutpiece Center's case established a detailed framework for revocation of cancellation of GST registration under similar circumstances. It laid down conditions including payment of outstanding tax, interest, fine, and prohibitions on utilizing Input Tax Credit (ITC) without scrutiny.

Court's interpretation and reasoning: The Court reaffirmed its consistent adherence to the Suguna Cutpiece Center's precedent, emphasizing that the petitioner is entitled to the same benefit. The Court extracted and reproduced the relevant portion of the earlier order, which outlines a comprehensive set of conditions for revocation.

Key evidence and findings: The factual matrix in the present case was analogous to that in the precedent, involving cancellation due to non-filing of returns and subsequent willingness to comply.

Application of law to facts: The Court applied the precedent directly, mandating the petitioner to comply with the conditions specified therein, including filing all pending returns, paying outstanding taxes, interest, and fines, and restrictions on ITC utilization until departmental scrutiny.

Treatment of competing arguments: Both parties agreed that the precedent governed the issue. The Court did not find any reason to deviate from the established principles and conditions.

Conclusions: The Court extended the benefit of the precedent to the petitioner, allowing revocation of cancellation subject to the enumerated conditions.

Issue 3: Conditions for Revocation and Safeguards Against Misuse

Relevant legal framework and precedents: The conditions laid down in the Suguna Cutpiece Center's case include payment of tax, interest, and fines without adjustment from ITC, scrutiny and approval of ITC utilization, filing of returns for both pre- and post-cancellation periods, and measures to prevent bill trading or undue passing of ITC.

Court's interpretation and reasoning: The Court emphasized the need for these safeguards to ensure that revocation of registration does not become a tool for tax evasion or fraudulent credit claims. It underscored the role of departmental scrutiny and limitations on ITC usage as crucial controls.

Key evidence and findings: The Court noted no evidence of misuse in the present case but stressed preventive measures as a matter of policy and prudence.

Application of law to facts: The Court mandated strict adherence to these conditions as a prerequisite for revocation and continuation of registration.

Treatment of competing arguments: The respondents' concern about potential misuse was addressed through the imposition of these conditions, balancing the petitioner's right to regularize with the need for regulatory oversight.

Conclusions: The Court concluded that revocation must be conditional and accompanied by procedural safeguards to uphold the integrity of the GST system.

3. SIGNIFICANT HOLDINGS

The Court held that:

"In the light of the above discussion, these Writ Petitions are allowed subject to the following conditions:

i. The petitioners are directed to file their returns for the period prior to the cancellation of registration, if such returns have not been already filed, together with tax defaulted which has not been paid prior to cancellation along with interest for such belated payment of tax and fine and fee fixed for belated filing of returns for the defaulted period under the provisions of the Act, within a period of forty five (45) days from the date of receipt of a copy of this order, if it has not been already paid.

ii. It is made clear that such payment of Tax, Interest, fine / fee and etc. shall not be allowed to be made or adjusted from and out of any Input Tax Credit which may be lying unutilized or unclaimed in the hands of these petitioners.

iii. If any Input Tax Credit has remained utilized, it shall not be utilised until it is scrutinized and approved by an appropriate or a competent officer of the Department.

iv. Only such approved Input Tax Credit shall be allowed for being