DELHI HIGH COURT QUASHED SCN AND ORDER LACKING REASONS FOR RETROSPECTIVE CANCELLATION OF GST REGISTRATION

The Delhi High Court in the case Apshara Garments Pvt. Ltd Versus Commissioner of Delhi Goods And Service Tax observed and has quashed the show cause notice, which was lacking reasons for retrospective cancellation of GST registration.

The bench comprising Justice Sanjeev Sachdeva and Justice Ravinder Dudeja in the case observed and has noted that there was no such reason in the show cause notice or in the order as to why the cancellation has been done retrospectively and nor has the petitioner been put to notice that the registration is liable to be cancelled retrospectively.

In the present case, the petitioner or assessee has challenged the order of the court by which the GST registration of the petitioner has been cancelled with the retrospective effect.

The court issued the show cause notice dated 15.09.2023 to the petitioner, and the petitioner was called upon to show cause as to why the registration was not cancelled.

Therefore, the court passed an order dated 15.01.2024, by which the registration of the petitioner had been cancelled as of December 3, 2021, i.e., retrospectively.