
Abhishek Raja Tax Wisdom by ARR (FREE)
June 20, 2025 at 02:47 AM
Kerala HC Quashes GST Cancellation: SCN Invalid Without Specific Grounds & Cancellation Order Passed Before Reply Time.
Headnote by: Abhishek Raja Ram; 9810638155
Issue:
Whether the cancellation of registration without a valid show cause notice and before expiry of the 7-day reply period under Rule 22 of CGST Rules, 2017, is sustainable in law?
Argument by the Assessee:
The SCN lacked specific reasons for cancellation and the cancellation order was passed before the expiry of the statutory 7-day reply period, violating Rule 22.
Department's Argument:
Based on a report (R1(a)) from the Enforcement Officer alleging non-functioning at the business premises, cancellation was justified.
Court Judgment:
📌 The Hon’ble Kerala High Court held that the SCN was not valid, as it:
Did not disclose any specific violation of the Act or Rules.
Was issued in generic language without clarity.
Did not respect the 7 working days reply time mandated under Rule 22.
✅ The Court quashed the cancellation order (Ext. P4) and permitted fresh proceedings with proper SCN and statutory timelines.
Title: Suresh Methanaparambil Kuttan vs The Superintendent, GST Department, KAKKANAD RANGE - 1, KALOOR, KOCHI
Court: Kerala High Court
Citation: WP(C) NO. 24133 OF 2023 :: 2025:KER:41771
Dated: 12-Jun-2025
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