The Gujarat High Court bench of Justice J.B. Pardiwala as he then was and Justice Nisha M. Thakore has quashed the GST cancellation order as it was non speaking and vague, in the case of Sing Traders Versus State of Gujarat
FACT OF THE CASE-
The show cause notice stated that registration was liable to be cancelled on the grounds that the dealer was found suspicious and no documents were found at the place of business.
The show cause notice required the writ petitioner to respond within seven days, failing which the case would be resolved ex prate.
JUDGEMENT OF THE CASE-
The court found that the show cause notice was absolutely vague, bereft of any material particulars, and the order was also vague and a non-speaking order.
The court remitted the matter to the respondent/department for denovo proceedings in accordance with the law. The court overturned the cancellation order, and the GST registration has been reinstated.
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