Court Directs Expeditious Disposal of Show Cause Notice and Suspension of GST Registration
Issue: Whether the court can direct the competent authority to expedite the disposal of a pending show cause notice that has resulted in the continued suspension of the assessee’s GST registration.
Facts:
- The assessee’s GST registration was suspended following the issuance of a show cause notice.
- The assessee filed a detailed reply to the notice, but the proceedings remained pending.
- The assessee approached the court seeking a direction for the expeditious disposal of the show cause notice and the revocation of the suspension of their registration.
Decision:
- The court disposed of the writ petition with a direction to the competent authority to dispose of the pending show cause notice expeditiously and in accordance with the law.
- The court emphasized that the disposal should be done preferably within two weeks.
Key Takeaways:
- This case highlights the court’s role in ensuring that GST authorities take timely action on show cause notices and do not unduly delay proceedings, especially when it results in the suspension of an assessee’s registration.
- The court’s direction for expeditious disposal ensures that the assessee’s registration status is resolved promptly, minimizing disruption to their business operations.
- This decision underscores the importance of efficient administration and timely resolution of matters within the GST framework.
HIGH COURT OF DELHI
Gopal Enterprises
v.
Principal Commissioner of Central Goods and Service Tax, North Delhi
Yashwant Varma and Harish Vaidyanathan Shankar, JJ.
W.P.(C) No. 17597 of 2024
JANUARY 15, 2025
Pranay Jain and Karan Singh, Advs. for the Petitioner. Vikas Kumar Sharma, SPC and Ms. Monica Benjamin, SSC for the Respondent.
ORDER
CM APPL. 74875/2024 (Ex.)
Allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 17597/2024
1. The petitioner is aggrieved by the continued suspension of its Goods & Services Tax [“GST”] registration pursuant to the issuance of a Show Cause Notice [“SCN”] dated 04 October 2024.
2. The record would bear out that despite a detailed reply having been filed soon thereafter, and more particularly on 08 October 2024, the SCN proceedings have not been finalized till date.
3. In view of the aforesaid, we dispose of this writ petition by directing the competent authority to ensure that the pending SCN proceedings are disposed of in accordance with law with due expedition and preferably within a period of two weeks from the date of presentation of a certified copy of our order.
4. All rights and contentions of respective parties on merits are kept open.