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TMI Blog2024 (9) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... GST Act. 3. The learned Counsel for the petitioner further submits that the petitioner was filing his returns through his accountant regularly. The petitioner met with severe ill health due to cervical problem and the petitioner was under the bona fide belief that the accountant would comply all the statutory compliances including filing of GST returns. However, the petitioner later came to know that the petitioner's accountant had not filed the returns in time. He further submits that though the appeal remedy is available under Section 107 of GST Act, his appeal was not entertained in view of the statutory limitation period prescribed under the Act. He further submits that since the GSTN number is mandatory for running his business and in view of the cancellation of his registration, his livelihood is affected, he prays this Court to quash the impugned order. 4. The learned Counsel for respondent submits that the petitioner has been provided with sufficient opportunities before cancellation of his registration under the GSTN Act. A show cause notice was issued to the petitioner as early as on 15.07.2022 and sufficient time was given to him to offer his explanation. Since th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terpreted so as to deny right to carry on Trade and Commerce to any citizen and subjects. The constitutional guarantee is unconditional and unequivocal and must be enforced regardless of shortcomings in the scheme of GST enactment. The right to carry on trade or profession cannot be curtailed contrary to the constitutional guarantee under Art. 19 (1) (g) and Article 21 of the Constitution of India. If the person like petitioner is not allowed to revive the registration, the state would suffer loss of revenue and the ultimate goal under GST regime will stand defeated. The petitioner deserves a chance to come back into GST fold and carry on his business in legitimate manner. 10. There is one more aspect as far as the issue regarding limitation in filing the appeal under Section 107 of MGST Act is concerned. Indeed the Deputy Commissioner of State Tax has no power to condone the delay beyond 30 days. But then one cannot overlook the aspect of provisions stipulating limitations. The objective is to terminate the lis and not to divest a person of the right vested in him by efflux of time. 11. Since it is merely a matter of cancellation of registration, the question of limitation s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /GST/323/ 2022-2023 are quashed and set aside. (iii) We hold and declare that the registration No. 27AHQPD2485F1Z7 in the name of the petitioner is valid, from 28-02-2022 onwards subject to the condition that the petitioner files up to date GST returns and deposits entire pending dues along with applicable interest, penalty, late fees in terms of Rule 23 (1) of MAST Rules, 2017. (iv) The Rule is made absolute in above terms." 8. The High Court of Uttarakhand in Special Appeal No. 123 of 2022, dated 20.06.2022 in a similar situation has observed as follows: "8) Viewing from another angle, it is apparent that the law made by the Parliament as well as the Legislature with regard to the appeals is very strict, insofar as, that it does not provide an unlimited jurisdiction on the First Appellate Authority to extend the limitation beyond one month after the expiry of the prescribed limitation. In such case, the petitioner/appellant is put to hardship and is left without remedy. In such cases, the party concerned may face starvation because of denial of livelihood for want of GST Registration. In this case, the petitioner/appellant is a semi-skilled labourer working as a painter do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply 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 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. 220. The provisions of the GST Enactments and the Rules made there under read with various clarifications issued by the Central Government pursuant to the decision of the GST Council and the Notification issued thereunder the respective enactments also make it clear, intention is to only facilitate and not to debar and de-recognised assesses from coming back into the GST fold. 221. While exercising jurisdiction, under Article 226 of the Constitution, the powers of the Court to do justice i.e., what is good for the society, can neither be restricted nor curtailed. This power under Article 226 can be exercised to effectuate the rule of law. 222. Therefore, power of this Court under Articl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court is effectuating the object under the GST enactment of levying and collecting just tax from every assessee who either supplies goods or service. Legitimate Trade and Commerce by every supplier should be allowed to be carried on subject to payment of tax and statutory compliance. Therefore, the impugned orders deserve to be quashed. 228. These petitioners deserve a chance and therefore should be allowed to revive their registration so that they can proceed to regularize the defaults. The authorities acting under the Act may impose penalty with the gravity of lapses committed by these petitioners by issuing notice. If required, the Central Government and the State Government may also suitably amend the Rules to levy penalty so that it acts as a deterrent on others from adopting casual approach. 229. In the light of the above discussion, these Writ Petitions are allowed subject to the following conditions:- i. The petitioners are directed to file their returns for the period prior to the cancellation of registration, if such returns have not been already filed, together with tax defaulted which has not been paid prior to cancellation along with interest for such bela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to continue his business and to contribute to the State's revenue. In the absence of GST Registration number, a professional cannot raise a bill. If the petitioner is denied a GST registration number, it affects his chances of getting employment or executing works, which ultimately affects his livelihood embodied under Article 21 of the Constitution. 11. The income tax assesses are expected to pay advance tax quarterly, at the rates prescribed under Section 211 of the Income Tax Act ,1961. Non payment of this advance tax will attract interest. Even for non payment this advance tax, no serious action will be taken against the assesses. The Income Tax Department is only sending reminders to the tax payers, by way of repeated e-mails, SMS and through post. However in the present case, capital punishment of cancellation of registration is made, merely by sending a system generated e-mail in English to the traders, who are not having acquainted with English. These notices are not even provided in their regional languages. 12. The petitioner in this case is a contractor doing contractual works for the Government and its agencies. Most of the small scale entrepreneurs like ..... X X X X Extracts X X X X X X X X Extracts X X X X
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