Raja Abhishek For NIRC 2024
2 months ago
š° šš¹š¹š®šµš®šÆš®š± šš¶š“šµ šš¼ššæš š„šš¹š¶š»š“: š¤šš®ššµš²š šš¦š§ š„š²š“š¶šššæš®šš¶š¼š» šš®š»š°š²š¹š¹š®šš¶š¼š»
š¢ 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.
š šš®š°šš ā¢ šš®šš² š§š¶šš¹š²: Star Metal Company vs Additional Commissioner Grade-2 ā¢ šš®šš² š”ššŗšÆš²šæ: Writ Tax No. - 397 of 2023 ā¢ šš®šš²: 19-May-2023
ššššš²: 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.
ā ššš±š“šŗš²š»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.
š 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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