2023 (2) TMI 1313 - HC - GST

GST Registration Restored: Covid-Era Economic Hardship Recognized, Tax Compliance Balanced with Business Survival

M/s Bhagwati Collection And Handloom, through its Partner Dilip Kumar Bherwani Versus The State of Rajasthan & CTO Circle, Pali

HC allowed writ petition challenging GST registration cancellation during Covid period. Court restored petitioner's registration, recognizing financial ... Cancellation of GST registration of the petitioner - failure to file the returns during the Covid Pandemic period - HELD THAT:- As the failure of the petitioner to file the returns was during the period when Covid Pandemic was prevailing, the GST registration of the petitioner deserves to be restored. The impugned order dated 03.02.2022 passed by the Jurisdictional Authority, is quashed and set aside. The GST registration of the petitioner shall be restored forthwith - Petition allowed. Issues:Challenge to cancellation of GST registration due to financial crunch during Covid period.Analysis:The petitioner filed a writ petition under Article 226 of the Constitution to challenge the cancellation of their GST registration due to delayed payment caused by financial difficulties during the Covid period. The petitioner's counsel argued that the cancellation directly impacted the petitioner's ability to conduct business, violating the fundamental right to earn a livelihood under Article 21 of the Constitution. The petitioner contended that despite the cancellation, the authorities accepted returns without any pending tax or penalties, questioning the justification for the cancellation. The counsel urged for the quashing of the order and restoration of the GST registration.The respondent's counsel representing the GST authorities did not oppose the restoration of the petitioner's GST registration, subject to the authorities' right to recover any outstanding taxes or dues. Considering the circumstances, the Court acknowledged that the petitioner's failure to file returns was during the Covid pandemic, leading to financial constraints. Consequently, the Court deemed it appropriate to restore the petitioner's GST registration.In light of the arguments presented, the Court quashed and set aside the impugned order dated 03.02.2022 that canceled the petitioner's GST registration. The Court directed the immediate restoration of the petitioner's GST registration. However, the Court emphasized that any outstanding taxes or dues against the petitioner could still be recovered in accordance with the law. The writ petition was allowed in favor of the petitioner, granting the relief sought for the restoration of the GST registration.