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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update No 229 on maintainability of writ in case where alternate remedy is available

GST Update No 229 on maintainability of writ in case where alternate remedy is available
It is observed that the cases of cancellation of GST registration for not filing GST returns for continuous period of 6 months have increased manifold but getting the same registration restored appears to be a herculean task by the assessee.  The emergence of pandemic situation had worsened the situation as many assessees could not file their GST returns due to financial crisis. Recently, one case was reported before Uttarakhand High Court in the case of VINOD KUMAR V/S COMMISSIONER UTTARAKHAND [SPECIAL APPEAL NO. 123 OF 2022] wherein the assessee could not prefer appeal against the order of cancellation of their GST registration within the stipulated time limit due to which their GST registration was not being restored. Consequently, writ petition was preferred which was contested on the grounds of availability of alternate remedy. The decision imparted in this case is subject matter of discussion of our present update.
 
The petitioner is a working mason/painting professional and was allotted GST registration. However, he failed to file his return for a continuous period of 6 months and consequently, his registration was cancelled on 21.09.2019. Further, appeal preferred was also dismissed as being time barred and hence, this writ petition is filed. The benefit of suo moto extension order passed by the Supreme Court was not given to the petitioner by the Single judge on the grounds that the limitation period expired much prior to the outbreak of pandemic situation in the country. Thereafter, the Counsel of petitioner approached double bench and submitted that it is up to High Court’s discretion to entertain a petition even if alternate course of remedy is available with the assessee. Reliance in this respect was placed on the decision of Apex Court in the case of WHIRLPOOL CORPORATION V/S REGULAR OF TRADE MARKS wherein it was delivered that High Court can entertain an appeal if it results into violation of fundamental rights of the taxpayer, or when vires of an Act is challenged, or where there has been violation of the principles of natural justice or where proceedings are wholly without jurisdiction. It was contended that since cancellation of GST registration in the present case adversely effects the livelihood of the petitioner, merely because there was failure to file appeal within stipulated time period would render the petitioner remediless which is against the Article 21 of the Constitution of India. Reference was further drawn to decision of Gujarat High Court in the case of M/S PANOLI INTERMEDIATE (INDIA) PVT. LTD. V/S UNION OF INDIA AND OTHERS.
 
The respondent was of view that since alternate remedy is available, present petition should not be entertained.
 
The Court held that notice which was given to petitioner in this respect on common portal should be delivered personally as well before cancellation of registration. Further, it was stated that the legislature does not provide an unlimited jurisdiction on first appellate authority which consequently, results into hardships for the taxpayers since no remedy is left. Looking into the present scenario, if the GST registration is cancelled, it will result into denial of right to livelihood which consequently results into violation of Article 21 of the Constitution of India. Taking into account all these circumstances, it was held that the present writ stands maintainable. Further, it was also held that the petitioner could not have filed appeal under section 107 of the CGST Act, 2017 as the appeal can be filed only against the order passed by the adjudicating authority. Hence, the question as to whether the Assistant Commissioner is Adjudicating Authority or not was also answered. After placing reliance on decision of Apex Court in the case of RADHA KRISHNA INDUSTRIES V/S STATE OF HIMACHAL PRADESH AND OTHERS and quoting the provisions of Section 107 of UGST Act, 2017, it was stated that the commissioner is not an adjudicating authority and so the Assistant Commissioner is also not to be treated as adjudicating authority in case of cancellation of GST registration. Hence, no appeal lies against the orders passed by him under Section 107 of CGST Act, 2017. Therefore, the matter was remanded back to learned Single Judge for consideration on merits holding that writ petition is maintainable.
 
The above decision is a remarkable one as it seeks to provide the benefit of considering the issue regarding restoration of GST registration pursuant to cancellation order for which the time period for filing appeal was expired with no possibility of extension even by applying the suo moto extension order of the Apex Court. The benefit of considering the case on merits was granted by exercising the discretionary power of the High Court due to the fact that there was violation of the fundamental right of the petitioner to earn livelihood on account of cancellation of GST registration under Article 21 of the Constitution of India. This decision will be of help to many similar assessees who could not get their registration restored due to not taking any action within the stipulated time period.
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