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by Admin
07 May 2024 2:49 AM
In a landmark judgment that has significant implications for businesses across India, the Delhi High Court has ruled against the retrospective cancellation of GST registration without adequate reasoning or notification. The case, W.P.(C) 381/2024, brought forward by Manisha Gupta of Varun Enterprises, contested the order dated 07.10.2022 which cancelled her GST registration retrospectively from 02.07.2017.
The Court observed, “Registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit to do so.” This pivotal statement underscores the need for objective criteria in administrative decisions affecting businesses.
The petitioner, whose business operations ceased on 28.01.2019, had filed for cancellation of her GST registration on 03.08.2022. However, she received a cancellation notice with retrospective effect, creating a legal and financial conundrum.
Highlighting the procedural flaws, the Court noted, “The impugned order...states that the registration is liable to be cancelled for the following reason ‘no response received from the taxpayer’. There is no material on record to show as to why the registration is sought to be cancelled retrospectively.”
In its judgment, the Court modified the order, stipulating the cancellation to be effective from 28.01.2019, the date the petitioner ceased her business operations. This decision is seen as a relief to many small and medium business owners who have faced similar administrative challenges.
The judgment also sheds light on the consequences of such cancellations, particularly concerning the denial of input tax credit to the taxpayers' customers. The Court stated, “...a taxpayer’s registration can be cancelled with retrospective effect only where such consequences are intended and are warranted.”
Date of decision: 22.01.2024
MANISHA GUPTA PROP VARUN ENTERPRISES VS UNION OF INDIA THROUGH SECRETARY MINISTRY OF FINANCE & ORS
