Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (4) TMI 322

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hereinafter referred to as "the impugned order") passed by the Assistant Commissioner, Central Goods and Services Tax Division-E, Jaipur (hereinafter referred to as "the adjudicating authority / Proper Officer"). Brief facts of the case : 2.  Brief facts of the case are that the Proper Officer has cancelled the GSTIN of Sh. Indra Singh Panwar, E-639, Janpath, Lal Kothi, Jaipur-302015 having GSTIN 08ASHPP1054EIZW due to non-filing of returns for a continuous period of six months. The application for revocation of cancellation of registration has been also rejected due to non-submission of reply to the show cause notice reference No. ZA080920019236N, dated 7-9-2020 within the time specified therein. 3.  Being aggrieved with the i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... x, penalty and interest) up to June, 2020. Therefore, he requested for revocation of cancellation of registration. He has nothing more to add. 5.  I have gone through the facts of the case and the written submissions made by the appellant in their appeal memo as well as also oral submission at the time of personal hearing and accordingly I proceed for deciding the appeal. 6.  I have carefully gone through the case records and written submission made in the appeal memo as well as oral submission made at the time of personal hearing. I find that the adjudicating authority/ proper officer has rejected the application for revocation of cancellation of registration through Form GST REG-05 as appellant did not file the reply to the no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed further that all returns due for the period from the date of the order of cancellation of registration till the date of the order of revocation of cancellation of registration shall be furnished by the said person  within a period of thirty days from the date of order of revocation of cancellation of registration : Provided also that where the registration has been cancelled with retrospective effect, the registered person shall furnish all returns relating to period from the effective date of cancellation of registration till the date of order of revocation of cancellation of registration within a period of thirty days from the date of order of revocation of cancellation of registration. (2)(a) Where the proper officer is satisfi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cular read as under : "3. First proviso to sub-rule (1) of the said Rules provides if the registration has been cancelled on account of failure of the registered person to furnish returns, no application for revocation of cancellation of registration shall be filed, unless such returns are furnished and any amount in terms of such returns is paid. Thus, where the registration has been cancelled with effect from the date of order of cancellation of registration, all returns due till the date of such cancellation are required to be furnished before the application for revocation can be filed. Further, in such cases, in terms of the second proviso to sub-rule (1) of rule 23 of the said Rules, all returns required to be furnished in respect o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates