M/S Apj Investments PVT LTD vs. Assistant Commissioner Of Central Goods And Service Tax Wazirpur Division CGST Delhi West

W.P.(C)/6033/2023HC DelhiGSTCNR DLHC01107702202309 May 2023Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE MR. JUSTICE AMIT MAHAJAN5 pages
For Petitioner: Mr. Abhishek Garg & Mr. Yash Gaiha, AdvsFor Respondent: Mr. Aditya Singla with Ms. Sahitya Veena, Advs
AI SummaryRemanded

Held

The Court held that the initial Show Cause Notice for cancellation was deficient in particulars. Therefore, the application for revocation of GST registration should be decided afresh, with the petitioner given an opportunity to submit documents and be heard.

Facts

The petitioner's GST registration was cancelled based on a cryptic Show Cause Notice. Their subsequent application for revocation and appeal were also rejected, partly because it was believed they had shifted their business premises. The petitioner claims they continue to operate from the registered premises.

Key Issues

Whether the initial Show Cause Notice for cancellation of GST registration was legally valid, and whether the petitioner was afforded adequate opportunity to present their case for revocation.

Sections Cited

None explicitly mentioned as discussed in detail, but the context relates to cancellation of registration and revocation applications.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 6033/2023 Page 1 of 5 $~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6033/2023 M/S APJ INVESTMENTS PVT LTD ..... Petitioner Through: Mr. Abhishek Garg & Mr. Yash Gaiha, Advs. versus ASSISTANT COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX WAZIRPUR DIVISION CGST DELHI WEST ..... Respondent Through: Mr. Aditya Singla with Ms. Sahitya Veena, Advs. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R %

09.05.

2023 CM APPL. 23641/2023

1.

Exemption allowed, subject to all just exceptions.

2.

The application stands disposed of. W.P.(C) 6033/2023

3.

Issue notice.

4.

Mr. Singla, learned counsel on appearing on behalf of respondent, accepts notice.

5.

The petitioner has filed the present petition impugning a Show Cause Notice dated 22.08.2022 and the proceedings pursuant thereto. The petitioner also impugns an order dated 28.11.2022, whereby the petitioner’s application for revocation of its GST cancellation, was rejected. Additionally, the petitioner impugns the appellate order dated 28.04.2023, whereby its appeal against order dated 28.11.2022 was rejected.

6.

The petitioner was issued the impugned

The judgment continues below.

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