Absence Of Reasons In Original SCN Supporting Of Retrospective GST Cancellation Invalidates Cancellation: Delhi High Court

Date:

The Delhi High Court has held that the absence of reasons in original Show Cause Notice (SCN) supporting of retrospective GST cancellation invalidates cancellation.

The bench of Justice Yashwant Varma and Justice Harish Vaidyanathan Shankar has observed that absence of reasons in the original SCN in support of a proposed retrospective cancellation as well as a failure to place the petitioner on prior notice of an intent clearly invalidates the action. 

The petitioner challenged the validity of the final order in terms of which its Goods and Services Tax1 registration came to be cancelled with retrospective effect from 14 September 2023.

The proceedings had come to be initiated pursuant to a Show Cause Notice. The notice embodied no intent or disclosure of the respondents/department contemplating cancellation from a retrospective date.

The court allowed the writ petition by modifying the order and providing that the cancellation of the petitioner’s GST registration shall come into effect from the date of the SCN.

Case Details

Case Title:  M/S Radha Rani Metal Versus Principal Commissioner Of Goods And Service Tax

Case No.: W.P.(C) 1180/2025

Date: 30/01/2025

Counsel For Petitioner: Pranay Jain

Counsel For Respondent: Aakarsh Srivastava

Read More: GST Payable On Readily Available Food And Beverages Sold Over Restaurant’s Counter, Doesn’t Qualify Restaurant Service: AAAR

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at JurisHour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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