Raja Abhishek For NIRC 2024

@abhishekrajaram

2 months ago

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šŸ“° š—”š—¹š—¹š—®š—µš—®š—Æš—®š—± š—›š—¶š—“š—µ š—–š—¼š˜‚š—暝˜ š—„š˜‚š—¹š—¶š—»š—“: š—¤š˜‚š—®š˜€š—µš—²š˜€ š—šš—¦š—§ š—„š—²š—“š—¶š˜€š˜š—暝—®š˜š—¶š—¼š—» š—–š—®š—»š—°š—²š—¹š—¹š—®š˜š—¶š—¼š—»

šŸ“¢ The court held that the petitioner's GST registration was cancelled based on an assumption that the business was "bogus" due to a discrepancy in the business address, which did not meet the statutory conditions under Section 29(2) of the GST Act.

šŸ” š—™š—®š—°š˜š˜€ ā€¢ š—–š—®š˜€š—² š—§š—¶š˜š—¹š—²: Star Metal Company vs Additional Commissioner Grade-2 ā€¢ š—–š—®š˜€š—² š—”š˜‚š—ŗš—Æš—²š—æ: Writ Tax No. - 397 of 2023 ā€¢ š——š—®š˜š—²: 19-May-2023

š—œš˜€š˜€š˜‚š—²: The petitioner argued that the cancellation and subsequent rejection of their GST registration revocation were procedurally flawed. Notably, a show-cause notice (REG-23) was issued after the revocation was rejected, indicating a lack of proper process and violation of their right to be heard.

āš– š—š˜‚š—±š—“š—ŗš—²š—»š˜ The Allahabad High Court quashed the cancellation, revocation rejection, and appeal dismissal, citing non-compliance with Section 29(2). The court granted the respondent liberty to issue a fresh notice based on any specific grounds under Section 29(2), to be adjudicated independently without influence from the prior proceedings.

šŸ“œ This judgment emphasizes procedural compliance in GST registration matters and reinforces taxpayer rights to a fair hearing, particularly before registration cancellations are enacted. Team GSTpanacea 7503031378

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