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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, ANUROOP SINGHI
S. Nabad Ali Mustak Ahmed, Through Its Proprietor Shri Nabab Ali, S/o. Shri Mustak Ahmed – Appellant
Versus
Union Of India, Through Union Secretary, Department Of Revenue – Respondent
| Table of Content |
|---|
| 1. petitioner's relief requests outline primary issues. (Para 1 , 2) |
| 2. facts of the case, including gst registration issues. (Para 3) |
| 3. arguments on cancellation order and appeal limitations. (Para 4) |
| 4. respondent's claims defending the cancellation. (Para 5) |
| 5. court's acknowledgment of limited scope for adjudication. (Para 6 , 7) |
| 6. consequences of cancellation and necessity for fair process. (Para 8) |
| 7. court's stance on merits of appeal and delay explanation. (Para 9 , 10 , 11 , 12) |
| 8. merits should be examined despite statutory limits. (Para 13 , 14 , 15 , 16 , 17) |
| 9. reopening of appellate remedy necessary for justice. (Para 18 , 19) |
| 10. final resolution of appeal to be decided on merits. (Para 20 , 21 , 22 , 23) |
Order :
1. The present D.B. Civil Writ Petition has been preferred by the petitioner, inter alia, claiming the following reliefs:
“It is, therefore, most humbly prayed that this Hon'ble Court would be pleased to accept and allow this writ petition and pleased to issue appropriate writ/order/direction to the Respondent–
(i) To declare Section 107 (1) and (4) of the CGST and RGST Acts as unconstitutional;
(ii) Alternatively, the Hon’ble Court may read down Sect
The right to a fair hearing and the consideration of genuine circumstances for appeal delays are fundamental, emphasizing judicial review to ensure regulatory actions do not unfairly curtail liveliho....
The petitioner was denied a fair opportunity to be heard prior to the cancellation of GST registration due to procedural violations, while the appellate authority lacked the discretion to condone exc....
A cancellation of GST registration must be a speaking order, providing clear reasons for its decision, especially when it entails adverse civil consequences.
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