Case Details: Alfa Enterprises Versus Principal Commissioner (2025) 31 Centax 347 (Del.)
Judiciary and Counsel Details
- Pratibha M. Singh & Rajneesh Kumar Gupta, JJ.
- S/Shri Manish Kumar & Praveen Kardam, Advs. for the Petitioner.
- Ms Samiksha Godiyal, SSC, S/Shri Tenzing Namgyal Bhutia & B.D. Rao Kundan, Advs. for the Respondent.
Facts of the Case
The Petitioner, a firm registered under the CGST Act, challenged the show cause notice (SCN) issued by the Department, which sought to cancel its GST registration on the grounds that the firm was found to be non-functional during an investigation. The Petitioner argued that a fresh inspection of the premises should be conducted to verify the operational status of the firm. Additionally, the Petitioner requested a personal hearing and urged that the proceedings be concluded within a time-bound manner, as the suspension of the registration had caused the firm to come to a standstill. The matter was accordingly placed before the Delhi High Court.
High Court Held
The Delhi High Court held that the show cause notice (SCN) issued by the Department for the cancellation of GST registration was not to be quashed, but the Petitioner was entitled to a fresh inspection of the premises and a personal hearing. The Court observed that Section 29 of the CGST Act empowers the Adjudicating Authority to conduct a re-inspection when requested by the taxpayer. The Court directed that the Department grant the Petitioner a personal hearing and conclude the proceedings within three months.
List of Cases Cited
- V S Enterprises v. Commissioner DGST — [W.P. (C) No. 7019/2025] — Referred [Para 5]
