9911796707
TMI Blog2023 (12) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to pay tax on reverse charge basis. Otherwise, also there will be no payment of value added tax. The ultimate goal under the GST regime will stand defeated. Therefore, these petitioners deserve a right to come back into the GST fold and carry on their trade and business in a legitimate manner.' This Court is inclined to allow this petition - it is made clear that if the petitioner is liable to pay any tax or penalty, he is required to pay the same in accordance with law - Petition allowed. - THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY For the Petitioner : Mr. M. Dinesh For the Respondent : Mr. A.P. Srinivas Senior Standing Counsel ORDER This writ petition has been filed challenging the proceedings dated 12.09.2023 of the 1st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder:- Therefore, we dispose of the M.A. No. 665 of 2021 with the following directions: I. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021. II. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that long ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under the statute. The cases of the petitioners are now beyond the clarifications and relaxation referred to supra. 206. It should be however remembered that the provisions of the Goods and Services Tax Act, 2017 cannot be interpreted in such a manner, so as to debar an assessee, either from obtaining registration or reviving the lapsed/cancelled registration as such an interpretation would be not only contrary to the Article 19(1)(g) of the Constitution of India but also in violation of Article 14 and Article 21 of the Constitution of India. 207. A reading of Notification No. 52/2020 Central Tax, Central Board of Indirect Taxes and Customs, dated 24.06.2020, further indicates that returns could be filed belatedly on payment of late fee a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons like the petitioners to file a fresh application and to process the application for revocation of the cancellation of registration by the officers. 210. In my view, no useful purpose will be served by keeping these petitioners out of the bounds of GST regime under the respective GST enactments other than to allow further leakage of the revenue and to isolate these petitioners from the main stream contrary to the objects of the respective GST enactments. 211. The purpose of GST registration is only to ensure just tax gets collected on supplies of goods or service or both and is paid to the exchequer. Keeping these petitioners outside the bounds of the GST regime is a self defeating move as no tax will get paid on the supplies of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion are revived so that, there is no abuse by these petitioners and there is enough deterrence against default in either paying tax or in complying with the procedures of filing returns. 218. Further, the Government requires tax to meet its expenditure. By not bringing these petitioners within the GST fold, unintended privilege may be conferred on these petitioners unfairly to not to pay GST should they end supplying goods and/or services without registration. For example, a person renting out an immoveable property will continue to supply such service irrespective of registration or not. 219. Therefore, if such a person is not allowed to revive the registration, the GST will not be paid, unless of course, the recipient is liable to pay ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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