Is a GST Show Cause Notice and Cancellation Order legally valid without the proper officer's digital or physical signature?
š« 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 šļø
24.11.2023: Department issued a Show Cause Notice proposing cancellation of GST registration.
š 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
⢠āļø 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. ā 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.
⢠ā Both the Show Cause Notice and the Cancellation Order were quashed.
⢠š However, liberty granted to the Department to proceed afresh in accordance with law.