Facts
The petitioner, a registered taxpayer under the CGST/SGST Act, 2017, had his registration cancelled by the Proper Officer on 19.11.2025 via Form GST REG-19 for failure to file returns for six continuous months
Source reference: p.2, para. 3While the initial Show Cause Notice (SCN) dated 07.07.2025 did not specify the default period, the petitioner subsequently updated his returns and applied for revocation of cancellation on 11.02.2026
Source reference: p.2-3, paras. 3-4On 27.02.2026, the Proper Officer issued a second SCN for revocation, vaguely alleging unpaid "Govt. Dues"
Source reference: p.3, para. 5Ultimately, on 16.03.2026, the Proper Officer rejected the revocation application through a non-speaking order, citing only the petitioner’s failure to reply within the specified time
Source reference: p.3, para. 6; p.6, para. 14Issues
1. Whether a Show Cause Notice and a subsequent order of rejection for revocation of GST registration are legally sustainable if they lack specific details of defaults and recorded reasons for the decision.
Source reference: p.4, para. 9; p.6, para. 152. Whether the Proper Officer's summary rejection of the revocation application violated the statutory mandate of recording reasons under Rule 23 of the CGST Rules.
Source reference: p.6-7, para. 15Law Applied
Section 29(2)(c) of the CGST Act regarding the cancellation of registration for non-filing of returns
Source reference: p.3-4, para. 8Section 30 of the CGST Act regarding the revocation of such cancellations
Source reference: p.4-5, para. 11Rule 23(2) of the CGST Rules, 2017, which mandates that the Proper Officer must record reasons in writing for either revoking or rejecting an application for revocation
Source reference: p.5-6, para. 13Principles of natural justice and fair play, emphasizing that an adjudicating authority must issue a speaking order to prevent arbitrary action
Source reference: p.6, para. 15Reasoning
The court reasoned that the SCN dated 07.07.2025 and the rejection order dated 16.03.2026 were deficient because they failed to provide precise details of the alleged defaults, thereby depriving the petitioner of an effective opportunity to respond
Source reference: p.4, para. 9The court observed that Section 30 and Rule 23(2) explicitly require the Proper Officer to record reasons in writing when deciding on a revocation application
Source reference: p.5-6, paras. 11, 13By merely stating "others" or citing a failure to reply without addressing the merits of the updated returns or specific tax dues, the Proper Officer failed to exercise "conscious application of mind"
Source reference: p.6, para. 15The court held that since recording reasons is a statutory prescription and a safeguard against arbitrariness, an order lacking such reasons is illegal and violates the principles of natural justice
Source reference: p.6-7, para. 15Holding
The court answered the issues in the negative, holding that the impugned order was not a speaking order and fell short of statutory requirements
The Court set aside and quashed the Rejection Order dated 16.03.2026 and relegated the matter to the stage of the Show Cause Notice dated 11.02.2026
Source reference: p.7, paras. 15-16The Proper Officer was directed to provide specific details of any outstanding tax, interest, or penalties to the petitioner, and after allowing the petitioner to respond and provide proof of payment, to pass a reasoned order
Source reference: p.7, para. 17The writ petition was disposed of with a direction for the petitioner to appear before the authority within three weeks
Source reference: p.7, paras. 17-18Original Court PDF
Sri Sujoy PaulvsThe Union Of India And Ors
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