ArticleGST Article

Supreme Court to decide Denial of ITC Due to Seller’s Registration cancelled retrospectively

The Hon’ble Supreme Court in Roshan Sharma v. Deputy Commissioner of Revenue, State Tax &Anr. [SLP(C) No. 31296/2025, order dated November 10, 2025] held that the question of whether Input Tax Credit (ITC) can be denied solely on the ground that the GST registration of the seller has been cancelled—despite the registration being valid on the date of transaction—requires consideration.

ArticleGST Article

Retrospective GST registration cancellation without express proposal in show cause notice and without specific particulars is arbitrary and void

The Hon’ble Calcutta High Court in the case of Nikita Agarwal held that retrospective cancellation of GST registration is arbitrary when the show cause notice (SCN) fails to expressly mention such retrospective effect or provide specific allegations, thereby depriving the taxpayer of an effective opportunity to rebut and violative of principles of natural justice.