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Validity of Unsigned GST Notices - Telangana High Court

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Is a GST Show Cause Notice and Cancellation Order legally valid without the proper officer's digital or physical signature? 🚫 Telangana HC quashes SCN & GST Cancellation Order for lack of signature in Grade One Iron Scrap vs Superintendent of Central Tax [W.P. No. 3745 of 2025, dated 08-Apr-2025] Note: Today, April 9, 2005, we are sharing your judgment, which has yet to be reported by any tax library. #GSTLaw #DigitalSignature #GSTRegistration
Facts of the Case šŸ—“ļø 24.11.2023: Department issued a Show Cause Notice proposing cancellation of GST registration. šŸ“„ The notice bore a remark: "Validity unknown. Digitally signed by DS GOODS AND SERVICES TAX NETWORK 07" with a bold question mark stamp. 12.12.2023: GST registration of the Assessee was cancelled through an order that also lacked a proper signature or designation. The Assessee challenged both documents for being unsigned and non-compliant with GST law.
Argument by the Assessee • Both documents lack a valid digital or physical signature. • A document showing "validity unknown" and a "?" symbol cannot be treated as legally issued by a proper officer. • Cited precedent (W.P. No. 21101 of 2024 & batch) to support the requirement of name, designation, and valid signature.
Precedent Analysis • āš–ļø W.P. No. 21101 of 2024 & batch, decided on 28.02.2025 (Telangana HC): Held that a valid document under GST must contain the signature, name, and designation of the officer. Court expressed concern over the repeated issuance of unsigned notices and orders. āœ… This precedent was affirmed and relied upon in the present judgment.
Court Judgment • The Court reaffirmed the legal principle that absence of officer's signature, name, and designation invalidates the document. • Noted the surprising trend of issuing such orders without proper authentication. • āœ… Both the Show Cause Notice and the Cancellation Order were quashed. • šŸ›‘ However, liberty granted to the Department to proceed afresh in accordance with law.
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Abhishek Raja "Ram"

@abhishekrajaram

MEC, STBA Delhi || Speaker and Author on GST. Life dedicated towards Tax and Economic Reforms & Simplification