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Respondent cancelled the GST Registration of the petitioner for the reason of failure on the part of the petitioner to file returns for a period of six months prior to issuance of the show-cause notice. Aggrieved thereby, the petitioner filed appeal which was dismissed on the sole ground that the appeal was filed beyond the condonable period. In the interest of justice, this court consider it apposite to allow the writ petition and remit the matter back to the primary authority to re-consider the case of the petitioner and after affording a personal hearing to him, pass an appropriate order in accordance with law.

Section 29 of the CGST Act, 2017 – Cancellation of Registration —-- The petitioner challenged the order of cancellation of registration dated 11.04.2022 and the Appeal order dated 29.11.2022, passed under the provisions of Section 29. The petitioner submitted that the appeal was dismissed on the sole ground that the same was filed with a delay of 134 days. The petitioner counsel relied upon the order of the Division Bench of the High Court for the State of Telangana in W.P. No.27071 of 2022 , where under in similar circumstances, the writ petition was allowed and the matter was remitted to the primary authority. The court also relied upon the same judgment and observed that it would be just and proper if the entire matter was remitted back to the 2nd respondent for reconsideration.

Held that:- The Hon’ble High Court remitted the matter back to the primary authority to re-consider the case of the petitioner and after affording a personal hearing to him, pass an appropriate order in accordance with law expeditiously but not later than two weeks.

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