Full Text
HIGH COURT OF DELHI
Date of Decision: 20th August, 2025
GURPREET SINGH .....Petitioner
Through: Mr. Janender Kr Chumbak & Mr Keshav Gaur, Advs
AND ANR .....Respondents
Through: Mr. Harpreet Singh, SSC
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL. 51134/2025 ( for Ex.)
2. Allowed, subject to all just exceptions. Application stands disposed of.
3. The present petition has been filed by the Petitioner- Gurpreet Singh under Article 226 of the Constitution of India, inter alia, assailing the order dated 8th July, 2025 (hereinafter, ‘impugned order’) passed by the Appellate Authority wherein the appeal filed by the Petitioner has been dismissed on the ground of being barred by limitation.
4. A Show Cause Notice (hereinafter, ‘SCN’) was issued to the Petitioner on 05th July, 2023 proposing to cancel the GST registration of the Petitioner and directing the Petitioner to show cause as to why its registration ought not to be cancelled. The reasons provided in the said SCN was failure to furnish returns for a period of six months. Ld. Counsel for the Petitioner submits that no reply was filed to the said SCN and the date of hearing was also fixed on 02nd August, 2023 which was also not attended by the Petitioner. The same resulted in order for cancellation of GST registration dated 30th March, 2024 with retrospective effect from 01st April, 2023.
5. The grievance of the Petitioner is that the SCN did not allege retrospective cancellation at all. Further it is submitted by the ld. Counsel for the Petitioner that the reasons for the delay in filing the appeal was due to the medical exigency of the Petitioner himself. It is also submitted on behalf of the Petitioner that returns of the Petitioner have been filed regularly till December,
2022.
6. Issue notice. Mr. Harpreet Singh, ld. SSC who is present in Court is requested to accept notice.
7. The irregularity, if any, is only for the first quarter of 2023 for which the returns were not filed. The SCN does not state that the GST registration of the Petitioner would be cancelled retrospectively and therefore, retrospective cancellation would not be sustainable in view of the decisions in Akash Bansal (Proprietor M/S Shri Prem Ji Traders) V. Superintendent Range - 109 Central Goods And Services Tax Department, Delhi West, Division Rohini, 2025:DHC:6866-DB. The relevant portion of the said decision reads as under:
by this Court in various decisions including in ‘Subhana Fashion v. Commissioner Delhi Goods and Service Tax (W.P. (C) 12255/2024)’, “M/S Balaji Industries v. The Principal Commissioner CGST Delhi North Commissionerate & Anr. (W.P.(C) 11913/2024)’ and ‘Ridhi Sidhi Enterprises v. Commissioner of Goods & Service Tax (CGST), South Delhi & Anr. (W.P.(C) 8061/2024)’.
8. The relevant portions of the decision in Subhana Fashion (supra) is as under:
9. The relevant part of the judgment in “M/s Balaji Industries (Vipin Kumar) (Supra) is as under:
9. The petitioner filed an appeal against the impugned order cancelling its registration. However, the same was rejected by the appellate authority by the order dated 14.05.2024 on the ground that the petitioner’s appeal was barred by limitation.
10. As noted above, the reason for which the petitioner’s GST registration was cancelled was not reflected in the SCN. Although, the petitioner claims that it did not receive the SCN, it is apparent that even if it had, the same provided it no opportunity to respond to the reasons as set out in the impugned order cancelling its GST registration.
11. As noted above, the petitioner is not aggrieved by the cancellation of its GST registration as it had closed down its business. The petitioner is, essentially, aggrieved by cancelling of its GST registration with retrospective effect.
12. The present petition was listed on 29.08.2024 and the learned counsel appearing for the respondents sought time to take instructions.
13. The learned counsel for the respondents states that the respondents have no objection if the cancellation of the petitioner’s GST registration is made operative with effect from the date of the SCN, that is, with effect from 24.05.2022.
14. In view of above, the present petition is disposed of with the direction that the petitioner’s GST registration stands cancelled with effect from 24.05.2022 (being the date on which it was suspended) and not with retrospective effect from 11.09.2017.
15. The impugned order is modified to the aforesaid extent.”
10. The relevant part of the judgment in ‘Riddhi Siddhi Enterprises (supra)’ is as under:
While the provision does enable the respondents to cancel that registration with retrospective effect, the mere existence or conferral of that power would not justify a revocation of registration. The order under Section 29(2) must itself reflect the reasons which may have weighed upon the respondents to cancel registration with retrospective effect. Given the deleterious consequences which would ensue and accompany a retroactive cancellation makes it all the more vital that the order be reasoned and demonstrative of due application of mind. It is also necessary to observe that the mere existence of such a power would not in itself be sufficient to sustain its invocation. What we seek to emphasise is that the power to cancel retrospectively can neither be robotic nor routinely applied unless circumstances so warrant. When tested on the aforesaid precepts it becomes ex facie evident that the impugned order of cancellation cannot be sustained.
6. We note that while dealing with the right of the respondents to cancel GST registration with retrospective effect and the manner in which such power should be exercised in accordance with the statutory scheme was an issue which was noticed in Ramesh Chander vs Assistant Commissioner of Goods and Services Tax, Dwarka Division, CGST Delhi & Anr. The Court in Ramesh Chander taking note of the contours of Section 29 had held:- “1-5…..
6. Neither the show cause notice, nor the order spell out the reasons for retrospective cancellation. In fact, in our view, order dated 13.07.2022 does not qualify as an order of cancellation of registration. 7-8……
9. In terms of Section 29(2) of the Central Goods and Services Tax Act, 2017, the proper officer may cancel the GST registration of a person from such date including any retrospective date, as he may deem fit if the circumstances set out in the said sub-section are satisfied. The registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit to do so. Such satisfaction cannot be subjective but must be based on some objective criteria. Merely, because a taxpayer has not filed the returns for someperiod does not mean that the taxpayer’s registration is required to be cancelled with retrospective date also covering the period when the returns were filed and the taxpayer was compliant.
10. It is important to note that, according to the respondent, one of the consequences for cancelling a tax payer’s registration with retrospective effect is that the taxpayer’s customers are denied the input tax credit availed in respect of the supplies made by the tax payer during such period. Although, we do not consider it apposite to examine this aspect but assuming that the respondent’s contention in this regard is correct, it would follow that the proper officer is also required to consider this aspect while passing any order for cancellation of GST registration with retrospective effect. Thus, a taxpayer’s registration can be cancelled with retrospective effect only where such consequences are intended and are warranted.
11. The show cause notice does not even state that the registration is liable to be cancelled from a retrospective date.
12. The petition is allowed. The impugned show cause notice dated 07.04.2022, order of cancellation dated 13.07.2022 and the order in appeal dated 29.12.2023 are accordingly set aside. GST registration of the petitioner is restored, subject to petitioner filing requisite returns upto date.”
7. We further take note of the judgment in Delhi Polymers vs Commissioner, Trade and Taxes & Anr. wherein the following was observed:- “1-3…..
4. Show Cause Notice dated 04.09.2021 was issued to the Petitioner seeking to cancel its registration. However, the Show Cause Notice also does not put the petitioner to notice that the registration is liable to be cancelled retrospectively. Accordingly, the petitioner had no opportunity to even object to the retrospective cancellation of the registration.
5. Further, the impugned order dated 15.12.2021 passed on the Show Cause Notice dated 04.09.2021 does not give any reasons for cancellation. It, however, states that the registration is liable to be cancelled for the following reason “whereas no reply to the show cause notice has been submitted”. However, the said order in itself is contradictory. The order states “reference to your reply dated 15.12.2021 in response to the notice to show cause dated 04.09.2021” and the reason stated for the cancellation is “whereas no reply to notice show cause has been submitted”. The order further states that effective date of cancellation of registration is 01.07.2017 i.e., a retrospective date.
6. Neither the show cause notice, nor the order spell out the reasons for retrospective cancellation. In fact, in our view, order dated 15.12.2021 does not qualify as an order of cancellation of registration. On one hand, it states that the registration is liable to be cancelled and on the other, in the column at the bottom there are no dues stated to be due against the petitioner and the table shows nil demand.
7. Learned Counsel for the Petitioner submits that the said order reflected that the GST registration of petitioner stands cancelled from 01.07.2017 even though returns thereafter have been filed by the Petitioner.
8. He further submits that the petitioner is no longer interested in continuing the business and the business has been discontinued.
9. In terms of Section 29(2) of the Act, the proper officer may cancel the GST registration of a person from such date including any retrospective date, as he may deem fit if the circumstances set out in the said sub-section are satisfied. Registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit to do so. Such satisfaction cannot be subjective but must be based on some objective criteria. Merely, because a taxpayer has not filed the returns for some period does not mean that the taxpayer’s registration is required to be cancelled with retrospective date also covering the period when the returns were filed and the taxpayer was compliant.
10. It is important to note that, according to the respondent, one of the consequences for cancelling a tax payer’s registration with retrospective effect is that the taxpayer’s customers are denied the input tax credit availed in respect of the supplies made by the tax payer during such period. Although, we do not consider it apposite to examine this aspect but assuming that the respondent’s contention in required to consider this aspect while passing any order for cancellation of GST registration with retrospective effect. Thus, a taxpayer's registration can be cancelled with retrospective effect only where such consequences are intended and are warranted.”
8. In view of the aforesaid and in light of an abject failure on part of the authority to assign even rudimentary reasons for a retroactive cancellation, we find ourselves unable to sustain the order impugned.”
11. Thus in view of the settled legal position captured above, the cancellation of Petitioner’s GST Registration is, accordingly, directed to be effective from the date of issuance of the SCN i.e., 6th August 2024. The Department is, however, free to proceed in accordance with law qua the Petitioner in case, it still intends to direct retrospective cancellation.”
8. Considering these over all circumstances, it is directed that the GST registration cancellation of the Petitioner shall be with effect from the date when the SCN was issued i.e. 05th July, 2023. Until the said date, the Petitioner shall file its returns.
9. For the said purpose the GST portal shall be opened for the Petitioner. The Petitioner shall also pay the requisite fees and penalties, if any.
10. The GST Department is free to take action, for any violations, after the filing of returns by the Petitioner within a period of one month in accordance with law.
11. The present petition stands disposed of in the above terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE SHAIL JAIN JUDGE AUGUST 20, 2025/sk/ck