The cancellation of GST registration affects the right to livelihood under Article 21; hence, appeals must be considered even if filed late when adequate reasons are provided.

ORDER:

The instant writ petition is filed by the petitioner being aggrieved by the action of the appellate authority of dismissing the appeal filed by her against cancellation of the GST registration treated the same as time barred.

2. Learned counsel for the petitioner has submitted that the controversy involved in the instant writ petition is squarely covered by the decision of the Division Bench of this Court rendered in DB Civil Writ Petition No.16269/22 (Prakash Purohit v. Commissioner Central Goods and Service Tax Jaipur) decided on 10.11.2022. This Court in Prakash Purohit's case (supra) has observed that in absence of GST registration, a person would not be able to continue with his business 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.

3. After observing this, the Division Bench has granted liberty to the petitioner to file an appeal against the cancellation of GST registration before the competent authority within stipulated time with further direction to the competent authority to consider and decide the said appeal on all the aspects in accordance with law excluding the bar of limitation.

4. In the present case, the GST registration of the petitioner was cancelled on 23.02.2023 and as per the provisions of the GST Act, the petitioner was supposed to prefer an appeal before the appellate authority against the cancellation of registration of GST up to 22.06.2023, however, the petitioner preferred appeal before the appellate authority on 18.07.2023 claiming that since the petitioner was out of station during that period, he failed to file the appeal within limitation. The appellate authority without considering the said ground has dismissed the appeal filed by the petitioner treating it as time barred.

5. Learned counsel for the respondents has opposed the writ petition and submitted that the appeal preferred by the petitioner has rightly been dismissed by the appellate authority as the same was time barred and the delay in filing the same has not been satisfactorily explained.

6. Having heard learned counsel for the parties and taking into consideration the judgment passed by the Co-ordinate Bench of this Court in Prakash Purohit's case (supra), we are of the view that the writ petition filed by the petitioner deserves to be allowed as the petitioner has sufficiently explained the reasons for filing the appeal with delay.

7. Hence, the instant writ petition is allowed and the impugned order dated 18.09.2023 is set aside. The petitioner is at liberty to file an appeal against the cancellation of GST registration before the competent authority within ten days from today.

8. If any such appeal is filed within the stipulated time, the competent authority shall consider and decide the same on merits in accordance with law while treating the said appeal within limitation.

9. Stay petition is disposed of.