Case Details: New Vision Enterprises Versus Commissioner Delhi Goods and Service Tax (2025) 27 Centax 47 (Del.)
Judiciary and Counsel Details
- Yashwant Varma & Harish Vaidyanathan Shankaro, JJ.
- Ms Tabbassum Firdause, S/Shri Ahmad Ansari & Arvind Kr. Soni, Advs. for the Petitioner.
- S/Shri Karan Bhardwaj, ASC, Shubham Singh, Rajat Gaba & Saurabh Dahiya, Advs. for the Respondent.
Facts of the Case
The assessee challenged the cancellation of its GST registration, which was done with retrospective effect. The cancellation order was issued following a Show Cause Notice (SCN). However, the SCN did not indicate any intention or notice regarding the retrospective cancellation of the registration, leaving the petitioner unaware of such an intent. Aggrieved by the retrospective cancellation, the assessee filed a writ petition before the Delhi High Court, seeking to quash the cancellation order.
High Court Held
The Hon’ble Delhi High Court held that the cancellation of the GST registration with retrospective effect was invalid due to the lack of reasons in the original SCN supporting such an action, as well as the failure to place the petitioner on prior notice of the retrospective intent. Consequently, the Court quashed the cancellation order and directed that the cancellation of GST registration should take effect from the date of the SCN.
List of Cases Cited
- Riddhi Siddhi Enterprises v. Commissioner of Goods and Services Tax — W.P.C 8061/2024 dated 25 September 2024 — Followed [Para 4]
