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This is a petition challenging the order confirming cancellation of registration certificate under the GST Act. It is cancelled on the ground that the petitioner did not remain present even though, admittedly, the petitioner submitted the reply and no opportunity of hearing was given. In absence of any intimating during the spot visit, if it was difficult for him to remain present because of the shift in the office, the cancellation of registration with the retrospective date is fully impermissible. The petition is allowed, quashing and setting aside the order canceling registration certificate of the petitioner and the registration certificate of the petitioner is thereby restored.

Section 29 of the CGST Act, 2017— Cancellation of GST Registration -– The petitioner challenged the Appellate order dated 20.08.2022, confirming cancellation of registration. The court observed that the cancellation of registration certificate is contrary to law, as the order is a non-speaking order. Thus, cancellation of registration without assigning any reason is wholly mechanical and stereotyped. The very order is very cryptic. The court relied the decision of Agarwal Dying and Printing Works.

Held that:- The Hon’ble High Court set aside the order and restored the registration of the petitioner forthwith.

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