Facts of the Case
The petitioner challenged the order cancelling her GST
Registration bearing GSTN No. 33AFQPK6897Q3Z6. The registration was cancelled
with effect from 26 January 2021 on the ground that the petitioner had failed
to file monthly GST returns continuously for a period of six months. The
cancellation was made in view of Section 29 of the Central Goods and Services
Tax Act, 2017.
The petitioner approached the Madras High Court seeking a
Writ of Certiorarified Mandamus to call for the records relating to Reference
No. ZA330121098126W dated 26 January 2021, quash the cancellation order as
illegal and arbitrary, and direct the respondent to revoke the cancellation of
the petitioner’s GST registration.
According to the petitioner, she was unaware that the GST
registration had been cancelled. It was stated that she had been diagnosed with
medical ailments relating to viral fever, had undergone treatment and remained
on bed rest for several months.
During this period, the petitioner’s business was being
carried on by the staff of the concern, while statutory compliances, including
filing of GST returns, were being handled by a part-time accountant.
The petitioner stated that she became aware of the
cancellation only after being informed by other-end taxpayers that her GST
registration stood cancelled. Owing to these circumstances, she was also unable
to file a statutory appeal against the cancellation within the prescribed time.
Issues Involved
- Whether
GST registration cancelled for continuous non-filing of monthly returns
for six months under Section 29 of the CGST Act, 2017 could be revived
subject to compliance with conditions imposed by the High Court.
- Whether
the petitioner, who claimed lack of awareness of the cancellation due to
medical ailments and dependence on staff and a part-time accountant for
statutory compliances, could be granted relief despite failure to file an
appeal within the statutory period.
- Whether
the principles and directions laid down in Tvl. Suguna Cutpiece vs
Appellate Deputy Commissioner (ST) (GST) and Others could be extended
to the petitioner.
- Whether
restoration of GST registration could be permitted upon filing pending
returns and payment of tax, interest, penalty, fine and fee in accordance
with the conditions prescribed in the earlier binding line of decisions
followed by the Court.
- Whether
unutilised or unclaimed Input Tax Credit could be used for payment of past
tax defaults or subsequent GST liabilities before scrutiny and approval by
the competent authority.
Petitioner’s Arguments
The petitioner submitted that the cancellation of GST
registration had not come to her knowledge at the relevant time because she was
suffering from medical ailments relating to viral fever, had undergone
treatment and remained on bed rest for several months.
It was further submitted that:
- the
business operations were being carried on by the staff of the petitioner’s
concern;
- a
part-time accountant was responsible for statutory compliances, including
filing GST returns;
- the
petitioner became aware of the cancellation only when informed by
other-end taxpayers;
- because
of these circumstances, the petitioner could not file an appeal against
the cancellation within the time prescribed under the GST law; and
- identical
relief had already been granted by the Madras High Court in Tvl. Suguna
Cutpiece vs Appellate Deputy Commissioner (ST) (GST) and Others, W.P.
Nos. 25048, 25877, 12738 of 2021 etc. batch, decided on 31 January 2022.
The petitioner relied upon the consistent judicial approach
subsequently followed in:
- M/s
Maaruthi Foundations Private Limited vs Deputy Commissioner (ST) (FAC),
reported in 2022 (5) TMI 405;
- J.
Jayakrishnan vs Additional Chief Secretary/Commissioner of Commercial
Taxes, Chennai, reported in 2022 (7) TMI 1226;
- TVL.
Jeyalakshmi Store represented by its Proprietor, Sivanu Pandian vs
Commissioner of Commercial Taxes, reported in 2022 (7) TMI
1275; and
- M/s
Pearl and Company vs Commissioner of Commercial Taxes,
W.P.(MD) No. 19127 of 2022.
Respondent’s Arguments / Departmental Position
The respondent was represented by Standing Counsel assisted
by Junior Standing Counsel.
The judgment records that the Madras High Court had
consistently followed the directions issued in Tvl. Suguna Cutpiece vs
Appellate Deputy Commissioner (ST) (GST) and Others in various subsequent
matters.
Significantly, the Court observed that the
Revenue/Department had accepted the said view, as evident from the fact that no
appeal had been filed in any of the matters referred to by the Court.
In view of this consistent judicial position and the
Department’s acceptance of the same, the Court considered it appropriate to
follow the earlier order.
Court’s Order / Findings
The Madras High Court observed that it had consistently
followed the directions issued in Tvl. Suguna Cutpiece vs Appellate Deputy
Commissioner (ST) (GST) and Others.
The Court further recorded that the Revenue/Department had
accepted the said view, as demonstrated by the fact that no appeal had been
filed in the matters where similar relief had been granted.
Accordingly, the Court held that the benefit extended in the
earlier orders, particularly the decision in Suguna Cutpiece, should
also be extended to the petitioner.
The writ petition was therefore ordered on the same terms as
those contained in paragraph 229 of the judgment in Tvl. Suguna Cutpiece.
No costs were awarded, and the connected miscellaneous
petition was closed.
Conditions Governing Revival of GST Registration
The relief was extended subject to the conditions laid down
in paragraph 229 of the Suguna Cutpiece judgment, including the
following:
- The
petitioner must file returns for the period prior to cancellation, where
not already filed, together with unpaid tax, applicable interest and
fine/fee for delayed filing, within the prescribed period of 45 days from
receipt of the order, if not already paid.
- Tax,
interest, fine, fee and other amounts relating to the defaulted period
cannot be paid or adjusted out of unutilised or unclaimed Input Tax Credit
lying with the petitioner.
- Any
Input Tax Credit remaining unutilised cannot be utilised until scrutinised
and approved by the appropriate or competent departmental officer.
- Only
approved Input Tax Credit may subsequently be utilised for discharge of
future tax liability under the applicable GST law and rules.
- GST
returns for the period subsequent to cancellation must also be filed by
declaring the correct value of supplies, and the corresponding GST payment
must be made in cash.
- Input
Tax Credit earned during the relevant period may be utilised only after
scrutiny and approval by the respondent or another competent authority.
- The
Department may impose appropriate restrictions or limitations to prevent
undue passing of Input Tax Credit and to ensure that the benefit of the
order is not misused for bill trading.
- Upon
payment of tax and penalty and uploading of returns, the registration
shall stand revived forthwith.
- The
Department must take suitable steps, including instructions to the GST
Network, New Delhi, to make necessary changes in the GST portal
architecture so that the petitioner can file returns and pay tax, penalty
and fine.
- The
required exercise must be carried out by the Department within the period
prescribed in the precedent followed by the Court.
Important Clarification
The judgment does not grant an unconditional restoration of
GST registration merely because the taxpayer cited medical difficulties or lack
of knowledge of cancellation.
The relief is conditional and is expressly linked to
compliance with the framework laid down in Tvl. Suguna Cutpiece vs Appellate
Deputy Commissioner (ST) (GST) and Others.
A particularly important clarification is that outstanding
tax, interest, fine and fee for the defaulted period cannot be discharged by
adjusting unutilised or unclaimed Input Tax Credit.
Further, Input Tax Credit cannot automatically be utilised
merely because it appears in the taxpayer’s account. Such credit is subject to
scrutiny and approval by the appropriate or competent GST authority.
The Court also preserved the Department’s power to impose
restrictions or limitations necessary to prevent undue passing of Input Tax
Credit and misuse through bill trading.
The decision is therefore significant for taxpayers whose
GST registrations were cancelled for non-filing of returns and who could not
pursue statutory remedies within time, while simultaneously protecting the
Revenue through mandatory tax compliance, cash payment requirements and
scrutiny of Input Tax Credit.
Sections and Legal Provisions Involved
- Section
29 of the Central Goods and Services Tax Act, 2017 –
Cancellation of GST registration.
- Article
226 of the Constitution of India – Writ jurisdiction of
the High Court.
- Statutory
provisions governing filing of GST returns, payment of tax, interest,
fine/fee and consequences arising from non-compliance.
- Provisions concerning scrutiny, approval and utilisation of Input Tax Credit.
Link to download the order -
https://mytaxexpert.co.in/uploads/1783504155_1531compressed.pdf
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