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The instant writ petition is filed by the petitioner being aggrieved by the action of the appellate authority of dismissing the appeal filed by her against cancellation of the GST registration treated the same as time barred. The writ petition filed by the petitioner deserves to be allowed as the petitioner has sufficiently explained the reasons for filing the appeal with delay. Hence, the instant writ petition is allowed and the impugned order is set aside.

Since the petitioner had complied with the terms of the show cause notice by furnishing the returns, there was no lawful justification to impose the penalty. The impugned orders are contrary to law and passed on non application of mind.

This writ petition is allowed and the order passed by the appellate authority is set aside and directed to decide the appeal filed by the petitioner against cancellation of GST Registration on merits expeditiously while treating the same within limitation.

This writ petition u/Art. 226 of the Constitution assails the legality, validity and propriety of show-cause notice on the sole ground that the show-cause notice is non-speaking and thus insufficient for the petitioner/assessee to prepare an effective reply and defend himself thereby violating the principles of natural justice. This Court sees no reason to interfere in this matter especially in view of the non-availed statutory remedy of appeal u/S 107 of the M.P. GST Act, 2017.

The petitioner was issued a show cause notice asking him to show cause as to why the registration certificate issued under the CGST Act in his favour should not be cancelled due to non-furnishing of returns in terms of Section 39 of the CGST Act, 2017 for a continuous period of six or more months. This writ petition is disposed of by providing that the petitioner shall approach the concerned authority within a period of two months from today seeking restoration of his GST registration.

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