Disposed

M/S Swaroop Art v. Union of India

Rajasthan HC12 Oct 2022CW/15107/2022

Case brief

AI extract

What is this about?

Petitioner challenged dismissal of his GST cancellation appeal as time-barred. Bench held that cancellation deprived petitioner of livelihood violating Article 21. Court set aside impugned order and granted liberty to file appeal within ten days excluding limitation bar.

What did the court decide?

Order dated 21.09.2022 set aside; liberty granted to file appeal within ten days excluding limitation bar.

M/S Swaroop Art Vs Union of India — GST and Indirect Tax | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 15107/2022

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M/s Swaroop Art, Sagar Nagar, Pal, Jodhpur, Rajasthan - 342001, Through Its Proprietor Shri Ganesh Suthar S/o Shri Nimba Ram, Aged About 45 Years.

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----Petitioner

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Versus

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Union Of India, Through The Secretary, Government Of India, Ministry Of Finance, North Block, New Delhi.

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The Commissioner (Appeals), Cgst, G-105, New Jodhpur Industrial Area, Jodhpur - 342003.

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The Assistant Commissioner Cgst, Div-A, Jodhpur.

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The Superintendent Cgst, Ward-1, Circle-F, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Suresh Khadav For Respondent(s) : Mr. Ankur Mathur

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

12/10/2022

Heard.

Issue notice to the respondents.

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Shri Ankur Mathur, Advocate, appears in the matter upon being instructed by the Department.

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With consent of learned counsel for parties and looking to the urgency involved, the instant writ petition is being heard and finally decided today itself.

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The petitioner was dealer registered under the GST Act. The registration of the petitioner came to be cancelled by the competent authority vide order dated 15.02.2022.

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(2 of 3)

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[CW-15107/2022]

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It is not disputed that appeal against cancellation of the GST registration can be filed within three months which can be extended by a further period of 30 days. The petitioner filed the e-appeal on 17.06.2022 but could not submit the hard-copy within the prescribed period of limitation. The petitioner has challenged the order dated 21.09.2022 whereby his appeal has been dismissed on the ground of same being time-barred.

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Learned counsel Shri Suresh Khadav placed reliance on the following judgments rendered by various High Courts:-

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M/s G.G. Agencies Girijeshwar Rice Mill vs The State of Karnataka & Ors. (Writ Petition No.15344 of 2022, decided on 18.08.2022)

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Vinod Kumar Vs. Commissioner Uttarakhand State GST & Ors. : 2022 (7) TMI 128 - Uttarakhand High Court (Special Appeal No.123 of 2022)

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TVL. Suguna Cutpiece Centre vs. The Appellate Deputy Commissioner (ST) (GST), The Assistant Commissioner (Circle), Salem Bazaar : 2022 (2) TMI 933 - Madras High Court

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M/s Trans India Carco Carriers Vs. The Assistant Commissioner (Circle) W.P. Nos.18537 of 2022 and etc. - Madras High Court.

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and urged that the petitioner has been left remediless for hyper-technical reason of the appeal against cancellation of GST registration not being filed in time. He contended that owing to cancellation of GST registration, the petitioner is being deprived of the opportunity of doing business which has resulted into loss of all avenues of earning livelihood and is violative of right to life and liberty as guaranteed by Article 21 of the Constitution of India. He

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(3 of 3)

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[CW-15107/2022]

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thus, urges that one more opportunity deserves to be given to the petitioner to file the appeal in the proper format and the competent authority may be directed to decide such appeal as per law.

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Shri Mathur, vehemently and fervently opposed the submissions advanced by the petitioner’s counsel. However, he too is not in a position to dispute the fact that the legal proposition as expounded by various High Courts in the judgments referred to supra, covers the controversy at hand.

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It cannot be denied that the petitioner herein would not be able to continue with his business in absence of GST registration and thus, would be deprived of his livelihood which amounts to violation of right to life and liberty as enshrined in Article 21 of the Constitution of India.

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In this background, the order dated 21.09.2022 is set aside. The petitioner is given liberty to file appeal against the cancellation of GST registration to the competent authority within ten days from today. Upon such appeal being filed, the same shall be considered and decided on all aspects in accordance with law excluding the bar of limitation in preferring the appeal by the petitioner.

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With the above observations and directions, the writ petition is disposed of.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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88-Sudhir Asopa/-

M/S Swaroop Art v. Union of India

Case brief

What is this about?

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M/S Swaroop Art v. Union of India

Case brief

What is this about?

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