Facts of the Case

The petitioner, M/s Shibu Construction Private Limited, challenged the order dated 10.09.2020 passed by the Joint Commissioner of State Tax cancelling its GST registration under Section 29 of the Bihar GST Act, 2017. The petitioner also challenged the appellate order dated 24.11.2022, whereby the appeal against cancellation was dismissed.

The petitioner contended that the cancellation order was passed ex parte without proper consideration of its reply and without assigning any reasons. It further submitted that after the Covid-19 pandemic, the business resumed operations and requested condonation of delay in filing returns. However, the authorities proceeded with cancellation without granting effective opportunity of hearing.

 

Issues Involved

  1. Whether GST registration can be cancelled through a non-speaking and cryptic order.
  2. Whether cancellation of registration without recording reasons violates the principles of natural justice.
  3. Whether the authority ought to have considered the petitioner's request for condonation of delay arising due to the Covid-19 pandemic.
  4. Whether the GST registration deserved restoration under the facts and circumstances of the case.

 

Petitioner's Arguments

  • The cancellation order was passed ex parte and without proper appreciation of the petitioner's reply.
  • The order failed to disclose any reasons justifying cancellation of registration.
  • No effective opportunity of hearing was granted before passing the order.
  • The delay in filing returns occurred due to the disruption caused by the Covid-19 pandemic and deserved condonation.
  • The appellate authority mechanically dismissed the appeal without correcting the illegality committed by the original authority.

 

Respondent's Arguments

  • The State defended the action taken under Section 29 of the Bihar GST Act.
  • During the hearing, the State submitted that the issue relating to delay in filing returns would not be raised again after restoration of registration.

 

Court Order / Findings

The Patna High Court held that the cancellation order was non-speaking, cryptic and incapable of disclosing the reasons for cancellation.

The Court observed that cancellation of GST registration results in serious civil and penal consequences. Therefore, the authority was under an obligation to consider the show cause notice, the reply submitted by the taxpayer and record proper reasons before cancelling registration.

The Court further observed that the authority failed to appreciate the peculiar circumstances arising from the Covid-19 pandemic and ought to have considered condonation of delay instead of cancelling the registration.

Accordingly, the Court:

  • Quashed the cancellation order dated 10.09.2020.
  • Restored the petitioner's GST registration.
  • Directed the Commissioner to complete the assessment and pass appropriate orders in accordance with law.
  • Clarified that the issue regarding delay in filing returns would remain closed and shall not be reopened against the petitioner.

The writ petition was accordingly allowed.

 

Important Clarification

  • A GST registration cannot be cancelled through a cryptic or non-speaking order.
  • Authorities must record clear reasons before cancelling registration.
  • Orders involving civil and penal consequences must strictly comply with the principles of natural justice.
  • Delay attributable to exceptional circumstances such as the Covid-19 pandemic deserves proper consideration.
  • Restoration of GST registration may be directed where cancellation is found to be arbitrary or contrary to law.

Sections Involved

  • Section 29 of the Bihar Goods and Services Tax Act, 2017 – Cancellation of Registration
  • Principles of Natural Justice
  • Provisions relating to revocation/restoration of GST Registration

 

Link to download the order -

https://www.mytaxexpert.co.in/uploads/1782895784_167compressed.pdf

 

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