M/S Vijay Kumar Singh vs. The Union Of INDIA
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The petitioner, M/s Vijay Kumar Singh, is challenging the cancellation of its GST registration by an order dated 23.10.2019, issued by the Deputy Commissioner of State Taxes, Buxar Circle. The petitioner contends that the order is non-speaking and lacks reasons for the cancellation. The State submitted that the Assessing Officer adopted the form GST REG-19. The Court observed that GST REG-19 has a specific column for assigning reasons, which was not utilized in the impugned order. The Court also noted the absence of a constituted Tribunal for the State of Bihar for appeals against such orders.
Held
The Court held that the impugned order cancelling the petitioner's GST registration is illegal because it is non-speaking and lacks any reasons. The Court found that the Assessing Officer failed to assign reasons as required by the specific column in form GST REG-19, despite the assessee's non-appearance or failure to file an objection. This violates the principles of natural justice. The Court relied on a previous judgment of a Division Bench in Manoj Kumar Sah versus The State of Bihar and Anr., which held that a non-speaking and cryptic order violating natural justice principles must be quashed. Consequently, the Court set aside the order of cancellation and directed reconsideration of the issue. The Court also noted Notification No. 3 of 2023, which provides a period for invocation of cancellation for failure to file returns under Section 29(2)(b) or (c), subject to conditions.
Key Issues
1. Whether the order cancelling the petitioner's GST registration, which fails to provide any reasons, violates the principles of natural justice and the requirements of a speaking order under the Bihar Goods and Services Taxes Rules, 2017? Petitioner's contention: The order of cancellation is non-speaking, cryptic, and does not refer to the show cause notice or any response, thereby violating the principles of natural justice. The order at Annexure-1 is devoid of any reasoning for the cancellation of registration. Revenue/State's contention: The learned counsel for the State submitted that the form GST REG-19 has been adopted by the Assessing Officer. The judgment does not record any further arguments from the State.
Sections Cited
Section 29
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Cause title — parties, addresses and appearances
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-04-2023
The petitioner is aggrieved with the cancellation of registration by Annexure-1 order dated 23.10.2019. Insofar as the Bihar Goods and Services Tax Act is concerned, now there is no Tribunal constituted for the State.
In such circumstances, we have looked at the order at Annexure-1, especially since the learned counsel for the petitioner has 2/4 argued that it is a non-speaking order. We see from the order that there is no reason stated as to why the cancellation was ordered and not even the subject of the notice is referred to in the order.
It is the submission of the learned counsel for the State that the form GST REG-19 has been adopted by the Assessing Officer.
We extract form GST REG-19:-
As we see from the Bihar Goods and Services Taxes Rules, 2017, GST REG-19 has a specific column where reasons have to be assigned. However, the Assessing Officer seems to be laboring under the belief that when an assessee does not appear or an objection is not filed, no reasons have to be assigned.
3/4
We cannot countenance the said order, especially when there is absolutely no reason stated regarding the cancellation of registration.
We also notice the judgment of another hon'ble Division Bench of this Court passed in Manoj Kumar Sah versus The State of Bihar and Anr. in C.W.J.C. No. 18307 of 2022 wherein it has been stated so:- " It cannot be disputed that with the passing of the said order, petitioner is liable to both civil and penal consequences. To say the least, the authority ought to have at least referred to the contents of the show cause and the response thereto, which was not done. Not only the order is non-speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences. "
The impugned order in the instant writ petition also suffers from the very same illegality which has been pointed out by the Division Bench. In such circumstances, we set aside the order at Annexure-1 and direct reconsideration of the issue.
In this context, we also notice that notification No. 3 of 2023 has been brought in by the Central Government on the recommendations of the G.S.T. Council wherein if the cancellation has been effected for failure to file returns under clause (b) or clause (c) of Sub-section (2) of Section 29, there is a further period allowed 4/4 up to 30.06.2023, wherein the registered person can apply for invocation of cancellation. This is also subject to the condition that the return should be filed up to the effective date of cancellation of registration and the payment of tax, interest, penalty and late fee in respect of such returns have also been made. The assessee would also be entitled to avail of the said remedy if the cancellation has been effected under clause (b) or clause (c) of Sub-section (2) of Section
The writ petition stands allowed. sharun/- (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.04.2023 Transmission Date N/A
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.