9911796707
TMI Blog2023 (12) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner's GST registration was cancelled with retrospective effect. 4. The petitioner was registered with the GST authority with effect from 01.07.2017. The petitioner claims that she was carrying on the business under the name of 'M/s S. S. Enterprises' and was assigned Goods and Service Tax Identification Number (GSTIN): 07AEWPG7338F1Z4. The petitioner claims that she discontinued the business in January, 2020 and filed an application dated 17.01.2020 praying that her GST registration be cancelled with effect from the said date. The respondent did not act on the said request for over six months. However, on 19.07.2020, the concerned officer of GST department issued a notice seeking certain clarification in respect of the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y has been received to the SCN. 9. In terms of Section 29(2) of the Central Goods and Services Tax Act, 2017, the proper officer may cancel the GST registration of a person from such date including any retrospective date, as he may deem fit if the circumstances set out in the said sub-section are satisfied. The registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit to do so. Such satisfaction cannot be subjective but must be based on some objective criteria. Merely, because a taxpayer has not filed the returns for some period does not mean that the taxpayer's registration is required to be cancelled with retrospective date also covering the period when the return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the GST registration nor gives any clue as to why it was cancelled with retrospective effect.
13. In view of the above, we consider it apposite to allow the present petition and direct that the cancellation of the petitioner's GST registration shall take effect from 17.01.2020, being the date of the application filed by the petitioner seeking cancellation of her GST registration.
14. It is clarified that this order would not preclude the respondent from initiating any steps in accordance with the law, if it is found that the petitioner had violated any provisions of the Act prior to 17.01.2020.
15. The petition is allowed in the aforesaid terms. All pending applications are also disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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