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Retrospective GST Registration Cancellation Without Prior Notice Quashed: P&H HC

Case Law Details

TaxGuru Citation
2026 taxguru.in 11402
Case Name
PS Enterprises Vs Commissioner (Punjab and Haryana High Court)
Date of Judgement/Order
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PS Enterprises Vs Commissioner (Punjab and Haryana High Court)

Summary: The Punjab and Haryana High Court considered a writ petition challenging cancellation of the petitioner’s GST registration. The registration had been cancelled vide order dated 29.04.2026 (Annexure P-2) with retrospective effect from 27.10.2023. The Show Cause Notice (SCN) for cancellation of registration was issued on 14.05.2026 (Annexure P-3).

The petitioner challenged the cancellation primarily on the ground that the SCN pursuant to which the impugned order was passed did not make any reference to retrospective cancellation. Learned counsel for the petitioner relied upon the Division Bench judgment of the Court in M/s Bansal Casting, S.K. Enterprises vs. Union of India and Another and M/s Shree Ram Industries vs. State of Haryana and Another; 2026:PHHC:027747-DB, submitting that in such circumstances the impugned order could not be sustained.

Learned counsel for the revenue did not dispute either the facts of the case or the law laid down by the Co-ordinate Bench of the Court in M/s Bansal Casting, S.K. Enterprises.

The Court observed that the controversy raised in the petition was covered by the adjudication in M/s Bansal Casting, S.K. Enterprises. Accordingly, the impugned order dated 29.04.2026 and the SCN dated 14.05.2026 were ordered to be quashed. The writ petition was disposed of in terms of the law laid down in M/s Bansal Casting, S.K. Enterprises. However, liberty was reserved to the respondents to issue a fresh SCN and proceed further in accordance with law.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,910

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