Cancellation of GST Registration without recording reasons is a non-speaking order liable to be quashed


Quick Summary
The Gauhati High Court has ruled that cancelling a GST registration without providing specific reasons is unlawful. The court stated that such 'non-speaking' orders, which fail to disclose the grounds for cancellation, violate natural justice principles. Recording reasons is crucial to prevent arbitrary decisions, and this obligation remains even if the taxpayer fails to respond to a show cause notice or attend a hearing. Consequently, the court set aside a cancellation order that merely cited 'Others' as the reason.

Court :
Gauhati High Court

Brief :
The Hon'ble Gauhati High Court in the case of Nijumoni Gogoi v. Union of India & Ors. [WP(C) No. 2383 of 2026 dated May 11, 2026] set aside the order passed by the Proper Officer cancelling the GST registration of the Assessee on the ground that the impugned order was a non-speaking, cryptic order which failed to disclose any reason for cancellation and was passed in violation of the principles of natural justice. The Hon'ble Court held that recording of reasons is an essential safeguard against arbitrary exercise of statutory power and the obligation to assign reasons in Form GST REG-19 is not dispensed with merely because the Assessee fails to reply to the Show Cause Notice or fails to appear for personal hearing.

Citation :
WP(C) No. 2383 of 2026 dated May 11, 2026

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Bimal Jain
Published in GST
Views : 92
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