Facts of the Case

The petitioner, M/s Valentine Events, was a registered taxable person under the CGST Act. The GST authorities issued a show cause notice dated 16.12.2020 proposing cancellation of its GST registration on the ground that the petitioner had failed to file monthly GST returns for six consecutive months.

The petitioner submitted a reply to the show cause notice on 25.12.2020. However, the Proper Officer found the explanation unsatisfactory and cancelled the GST registration by an order dated 29.12.2020 under Section 29(2)(c) of the CGST Act.

Aggrieved by the cancellation order, the petitioner filed an appeal before the Appellate Authority. The appeal was dismissed on 25.10.2022 solely on the ground that it had been filed beyond the prescribed limitation period.

As the GST Appellate Tribunal under Section 109 of the CGST Act had not been constituted in the State of Telangana, the petitioner invoked the writ jurisdiction of the High Court under Article 226 of the Constitution seeking restoration of its GST registration.

 

Issues Involved

  1. Whether cancellation of GST registration for non-filing of returns should be sustained despite the taxpayer seeking restoration.
  2. Whether the High Court could exercise writ jurisdiction when the GST Appellate Tribunal was not functional.
  3. Whether the petitioner deserved one more opportunity to comply with GST requirements before permanent cancellation of registration.

 

Petitioner’s Arguments

  • The cancellation of GST registration was arbitrary and contrary to the principles of natural justice.
  • The petitioner was willing to comply with statutory requirements by filing all pending GST returns and clearing applicable dues.
  • Since the GST Appellate Tribunal had not been constituted, the petitioner had no effective alternative statutory remedy.
  • The cancellation order and the appellate order deserved to be set aside to enable continuation of business and compliance with GST law.

 

Respondent’s Arguments

  • The GST registration was cancelled after issuance of a valid show cause notice and consideration of the petitioner's reply.
  • The petitioner had continuously defaulted in filing GST returns for six consecutive months, attracting cancellation under Section 29(2)(c).
  • The appeal was rightly dismissed as it was filed beyond the statutory limitation period prescribed under the CGST Act.

 

Court Order / Findings

The Telangana High Court observed that the controversy involved in the present writ petition had already been decided in several earlier cases, including Nithya Constructions v. Union of India (W.P. No. 27449 of 2022).

Applying the principle of parity, the Court held that disputes relating to cancellation of GST registration should ordinarily be decided after providing an adequate opportunity to the taxpayer.

Accordingly, the Court:

  • Set aside the cancellation order dated 29.12.2020.
  • Set aside the appellate order dated 25.10.2022.
  • Remanded the matter to the Proper Officer for fresh consideration.
  • Directed the Proper Officer to pass a fresh order in accordance with law after providing adequate opportunity of hearing.
  • Permitted the petitioner to file all pending GST returns in accordance with the statutory provisions during the fresh proceedings.

The writ petition was accordingly disposed of without any order as to costs.

 

Important Clarification

  • Mere cancellation of GST registration for non-filing of returns should not automatically deprive a taxpayer of an opportunity to regularise statutory compliance.
  • Where the GST Appellate Tribunal is not constituted, the High Court may entertain a writ petition under Article 226.
  • Courts have consistently adopted a liberal approach by restoring matters for fresh adjudication where taxpayers are willing to comply with statutory requirements.
  • The decision reinforces that adherence to principles of natural justice remains essential in GST cancellation proceedings.
  • The judgment follows the earlier Telangana High Court decision in Nithya Constructions v. Union of India, promoting consistency in GST jurisprudence.

 

Sections Involved

  • Section 29(2)(c) of the Central Goods and Services Tax Act, 2017 – Cancellation of GST Registration for Non-Filing of Returns
  • Section 107 – Appeal to Appellate Authority
  • Section 109 – Goods and Services Tax Appellate Tribunal
  • Article 226 of the Constitution of India 

Link to download the order -https://www.mytaxexpert.co.in/uploads/1782889328_155compressed.pdf

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