Cancellation of GST registration on non filing of return up-to 6 months suo -moto

Case Title

Nithya Constructions

Vs

Union of India and ors

Court

Telangana High Court

Honorable Judges

Justice.Ujjal Bhuyan

Citation

2022 (7) GSTPanacea 259 HC Telangana

WPA 27449 of 2022

Judgement Date

06-July-2022

Council for Petitioner

Raja Rao Algunoori

Council for UOI

B Mukharjee

Council for State

 

Favour

 Assessee

Section

 107 and 109 along with Section 31 to 33 of CGSTAct

The Telangana High Court bench of Justice Ujjal Bhuyan has held that in the facts and circumstances of the case, it would be just proper to remanded back the matter to respondent to reconsider the petitioner’s request.

FACTS OF THE CASE

The petitioner’s registration was cancelled by the respondent due to non filing of return up-to 6 months. The appeal filed by the petitioner was also dismissed by the authority on the ground that appeal is beyond the limitation period as per  Section 107 of CGST Act, 2017.

COURT HELD

For the same matter in the case “ Chenna Krishnamma Vs Add. Comm appeals, it has been found that court asked the petitioner why he did not went to appeal to GST tribunal, and petitioner submitted that till date there is no GST tribunal has been set up under Section 109 of CGST Act. The petitioner also submitted that as per section 107 appeal can be filed upto 3 months from the date of communication of order and further 1 month period shall be granted by the appellate authority to assessee if sufficient cause is shown. Hence the court finds that issue is cancellation of GST suomoto by authority and it would be just and better to remanded back to authority to reconsider the petitioner request and pass any order then it may deem fit” Hence in the light of above case we set aside the order passed by the respondent and direct to re consider the grievance expressed by the petitioner against the GST cancellation and then pass order appropriate.

ANALYSIS OF THE JUDGEMENT

Authority should consider the approach of tax payer in the light of law as well in the common parlance as possible as it may. It  is error nous to just passing any order vehemently.

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Nithya Constructions

For Reference Visit:

Telangana High Court