The case primarily deals with the suspension of Goods and Service Tax (GST) registration, challenging its suspension based on a Show Cause Notice (SCN) that introduces a new cause of action.
The petitioner, Focus Ingredients Impex Pvt Ltd, challenged the order that suspended their GST registration, arguing that the subject was already covered by a previous action to cancel the registration. Conversely, the respondent argued that the SCN was based on a new cause of action distinct from the earlier one.
Before the suspension of a GST registration, there must be valid reasons for the authorized authority to believe that the registration should be cancelled. Usually, a warning is given or the offender is provided a chance to rectify the issue. If an officer deems the justification provided as insufficient, they may proceed with the suspension.
In this case, the Bombay High Court, avoiding a dive into the merits of the case, directed the petitioner to appear before the respondent and have the SCN decided as quickly as possible.
The ruling by the Bombay High Court emphasizes the need for clarity in actions surrounding the suspension or cancellation of GST registration. The court’s directive for a swift resolution of the SCN reflects the importance of an efficient tax system, ensuring businesses face minimum disruption in their operations. The case underscores the need for authorities to offer an opportunity for taxpayers to rectify their issues before imposing suspensions.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. The challenge in the Petition is to the order of suspension of GSTN registration of Petitioner under provisions of GST Act. According to the Petitioner, the subject matter is covered by earlier action of cancellation of registration. According to the Respondent No.3, the subject matter of show cause notice is based on new cause of action, which is entirely different from the earlier cause of action.
2. Without going into the merits of the matter, in the interest of justice, the Petitioner is directed to appear before the Respondent No. 2 on 17thMay, 2023. Reply shall be filed on or before 15th May, 2023. The Respondent No. 2 shall hear and decide the show cause notice dated 26th April, 2023 as expeditiously as possible and within four weeks from today.
3. The Petitioner shall also cooperate with the investigation carried
out by the Respondent No. 3.
4. The Petition is disposed of on the above terms.