2025 (6) TMI 1339 - HC - GST

Rejection of application for revocation of cancellation of GST registration - non-filing of returns for a continuous period of six months - proper service of SCN or not - HELD THAT - Admittedly the GST registration of the petitioner was cancelled due to non-compliance in filing returns. Furthermore the application for revocation of cancellation was also rejected vide the impugned order. It is stated that due to mental stress and physical illness the petitioner could not pay GST dues and file the returns. Therefore this Court is of the view that the reason provided by the petitioner for non-compliance with the relevant provisions of the Act within the stipulated time appears to be genuine. The impugned order is set aside subject to the payment of a sum of Rs. 5, 000/- to the Principal Government Naturopathy Medical College and Hospital Account No.7883022723 IFSC Code IDIB000M157 within a period of 2 weeks from the date of receipt of copy of this order and the setting aside of the impugned order will take effect from the date of payment of the said amount - Petition disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this matter are:

• Whether the cancellation of GST registration due to non-filing of returns for a continuous period of six months was validly imposed.
• Whether the petitioner was properly served with the show cause notice and order of cancellation in compliance with procedural requirements.
• Whether the petitioner's reasons of severe mental stress and physical illness constitute sufficient cause for non-compliance with GST filing requirements.
• Whether the rejection of the petitioner's application for revocation of cancellation of GST registration was justified, especially in light of the petitioner's subsequent filing of pending returns and payment of late fees.
• What conditions, if any, should be imposed for restoration of the cancelled GST registration.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of Cancellation of GST Registration for Non-Filing of Returns

Relevant legal framework and precedents: Under the GST enactments, registration can be cancelled if a registered person fails to file returns continuously for six months. The procedure involves issuance of a show cause notice and an opportunity to respond before cancellation.

Court's interpretation and reasoning: The Court noted that the petitioner had indeed failed to file returns for the stipulated period, which is a ground for cancellation under the law. The respondent issued a show cause notice dated 21.09.2023 proposing cancellation, followed by an order dated 09.10.2023 cancelling the registration.

Key evidence and findings: The respondent's records showed non-filing of returns for six months, justifying the cancellation. The petitioner admitted non-compliance but attributed it to health issues.

Application of law to facts: The Court recognized that the statutory provisions empower cancellation in such circumstances. However, procedural fairness and consideration of reasons for non-compliance are also relevant.

Treatment of competing arguments: The respondent emphasized strict adherence to filing requirements, while the petitioner highlighted genuine health-related difficulties.

Conclusions: The cancellation was validly initiated on statutory grounds, but the petitioner's reasons warranted consideration for relief.

Issue 2: Adequacy of Service of Show Cause Notice and Order

Relevant legal framework: Natural justice principles and procedural requirements mandate proper service of notices to ensure the affected party is aware and can respond.

Court's interpretation and reasoning: The petitioner contended that the show cause notice and cancellation order were uploaded only on the GST portal without physical service, resulting in lack of awareness and inability to respond.

Key evidence and findings: The Court observed that the notices were uploaded electronically but no physical copies were served. The petitioner's lack of knowledge was thus plausible.

Application of law to facts: The Court emphasized that mere uploading on the portal may not suffice if the petitioner was not otherwise notified, especially in light of the petitioner's health issues.

Treatment of competing arguments: The respondent did not deny the mode of service but relied on the portal upload as sufficient.

Conclusions: The Court found the petitioner's contention credible, warranting leniency in procedural compliance.

Issue 3: Sufficiency of Petitioner's Reasons for Non-Compliance

Relevant legal framework: The GST law does not explicitly exempt non-filing due to illness, but courts may consider genuine hardship and reasons for non-compliance in revocation applications.

Court's interpretation and reasoning: The Court acknowledged the petitioner's mental stress and physical illness as genuine causes preventing timely filing and payment.

Key evidence and findings: The petitioner's submissions and conduct (subsequent filing of returns with late fees) supported the genuineness of the reasons.

Application of law to facts: The Court balanced the statutory mandate with equitable considerations, recognizing the petitioner's health-related difficulties.

Treatment of competing arguments: The respondent stressed strict compliance, but the Court prioritized substantive justice.

Conclusions: The petitioner's reasons were accepted as sufficient cause for non-compliance.

Issue 4: Justification for Rejection of Application for Revocation of Cancellation

Relevant legal framework: Revocation of cancellation is permissible upon fulfillment of conditions such as payment of dues, filing of returns, and compliance with procedural requirements.

Court's interpretation and reasoning: The respondent rejected the revocation application due to non-filing of reply to the subsequent show cause notice dated 27.12.2023 and non-payment of dues at that time.

Key evidence and findings: The petitioner failed to respond timely due to health issues and lack of prior knowledge of the notice.

Application of law to facts: The Court found that the petitioner's inability to respond was understandable and that subsequent compliance efforts justified reconsideration.

Treatment of competing arguments: The respondent maintained procedural strictness, while the petitioner sought relief based on hardship and corrective action.

Conclusions: The Court held that rejection of revocation was not justified without considering the petitioner's circumstances and subsequent compliance.

Issue 5: Conditions for Restoration of GST Registration

Relevant legal framework: Restoration of registration post-cancellation is subject to payment of all outstanding dues, interest, fees, and compliance with procedural safeguards.

Court's interpretation and reasoning: The Court set out detailed conditions for restoration, including payment of Rs. 5,000/- as a condition precedent, filing of all pending returns with applicable late fees and interest, and restrictions on utilization of Input Tax Credit (ITC) until scrutiny and approval by competent authorities.

Key evidence and findings: The Court balanced the need for compliance with the petitioner's genuine hardship, imposing conditions to protect revenue interests.

Application of law to facts: The conditions ensure that the petitioner regularizes its tax position fully and that ITC is not misused without departmental scrutiny.

Treatment of competing arguments: The Court's approach reflects a middle path between strict enforcement and equitable relief.

Conclusions: Restoration is granted subject to strict compliance with enumerated conditions, failing which the benefit ceases automatically.

3. SIGNIFICANT HOLDINGS

The Court held that while cancellation of GST registration for non-filing of returns for six continuous months is valid under the law, procedural fairness requires proper service of notices and consideration of genuine reasons for non-compliance.

It was observed: "The reason provided by the petitioner for non-compliance with the relevant provisions of the Act within the stipulated time appears to be genuine."

The Court set forth the principle that restoration of registration post-cancellation is permissible but conditional upon:

• Payment of a specified sum as a condition precedent to setting aside the cancellation order;
• Filing of all pending returns with applicable late fees and interest;
• Prohibition on utilization of Input Tax Credit until departmental scrutiny and approval;
• Automatic cessation of the restoration benefit if any condition is not complied with.

Further, the Court emphasized that mere uploading of notices on the GST portal without physical service may not satisfy the requirement of fair notice, especially where the petitioner was unaware and unable to respond.

In conclusion, the Court set aside the impugned order rejecting revocation, subject to the fulfillment of the enumerated conditions, thereby restoring the petitioner's GST registration with safeguards to protect revenue interests and ensure compliance.