Makersburry INDIA PVT. LTD. vs. State Of Maharashtra Thr Agp And Ors

WP/7506/2023HC BombayGSTCNR HCBM01025180202303 October 2023Bench: HON'BLE SHRI JUSTICE G. S. KULKARNI,HON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN14 pages
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Held

The Court held that the show cause notice dated August 22, 2022, was vague and suffered from an incurable defect, failing to provide specific reasons for the proposed cancellation of registration. It was also found to be in breach of the principles of natural justice. The subsequent order of cancellation by the Designated Officer and the appellate order confirming it were also found to be passed without proper application of mind and without considering the extensive documentation submitted by the petitioner. The Court relied on its own previous decisions, such as Nirakar Ramchandra Pradhan vs. Union of India & Ors., and decisions from other High Courts (Gujarat, Delhi, Allahabad) to emphasize the necessity of issuing reasoned show cause notices and orders, especially when civil consequences like cancellation of registration are involved. The Court quashed and set aside the show cause notice, the cancellation order, and the appellate order. The respondents were granted liberty to initiate fresh proceedings in accordance with law, ensuring proper reasoning in any new show cause notice and granting the petitioner an opportunity for a personal hearing. The registration of the petitioner was restored.

Facts

The petitioner, Makersburry India Pvt. Ltd., challenged an order dated April 26, 2023, by the Deputy Commissioner of State Tax (Appellate Authority), which confirmed the cancellation of its GST registration. The cancellation originated from a show cause notice dated August 22, 2022, alleging registration obtained by fraud, willful misstatement, or suppression of facts. The petitioner contended that it had cooperated with the department, submitted all required documents, and that the show cause notice was vague. The Designated Officer cancelled the registration on October 17, 2022, citing lack of business activity and unsatisfactory explanations. The petitioner appealed, submitting extensive documentation, but the appellate authority confirmed the cancellation without detailed discussion, leading to the present writ petition.

Key Issues

1. Whether the show cause notice dated August 22, 2022, for cancellation of registration under Section 29(2) of the CGST Act, 2017, and Section 20 of the IGST Act, 2017, was vague and in breach of principles of natural justice? 2. Whether the order dated October 17, 2022, passed by the Designated Officer cancelling the petitioner's registration lacked application of mind and was arbitrary? 3. Whether the appellate order dated April 26, 2023, confirming the cancellation of registration failed to consider the voluminous documents submitted by the petitioner and was passed without adequate reasoning, thus breaching principles of natural justice? Petitioner's arguments: The show cause notice was vague and arbitrary, violating principles of natural justice, as supported by the Gujarat High Court's decision in Singh Traders vs. State of Gujarat. The subsequent orders lacked application of mind and failed to address the petitioner's submissions and documentary evidence. Respondents' arguments: The judgment does not record any specific arguments made by the respondents.

Sections Cited

Section 29(2), Section 20, Section 107

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7.

WP7506_2023.doc Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7506 OF 2023

Makersburry India Pvt. Ltd. Having registered office at G-65, ,G-66, Ground Floor, Dadar Manish Market Co-op. Society Ltd. Senapati Bapat Marg, Dadar (W), Mumbai – 400 028. ..Petitioner Vs.

1.

State of Maharashtra, through AGP Office }

}

2.

The Deputy Commissioner of State Tax, } Appellate Authority, } MUM-VAT-E-905, Bandra Division, } Cabin No. 509, 5th floor, MTNL Bldg., } Love Lane, Byculla (East) } Mumbai – 400 010. } }

3.

The State Tax Officer Nodal – 5, } 513, 5th floor, GST Office, } MTNL Building, Love Lane, } Byculla (East), Mumbai – 400 010. } ..Respondents __________ Mr. Sujit Sahoo a/w. Mr. Sharad Goswami for the petitioner. Ms. Shruti D. Vyas, ‘B’ Panel counsel for the respondents-State. __________

CORAM : G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE : OCTOBER 3, 2023 ORAL JUDGMENT (Per G.S. Kulkarni, J.):

1.

Rule, made returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

2.

This petition filed under Article 226 of the Constitution primarily Page

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