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Your GST Registration cannot be cancelled on hyper-technical grounds as GST Laws cannot override the Right to Livelihood under Article 21 of the Constitution of India.
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Research by: Raja Abhishek, NIRC Candidate 2024
1. Poonamchand Saran - Rajasthan High Court
2022-TIOL-1278
Assessee Cannot Be Deprived Of Its Livelihood By Cancelling The GST Registration.
2. Rayees Metals - Telangana High Court
2024-VIL-693
GST cancellation orders certainly have an adverse impact on the livelihood of taxpayers, who are hit by Article 21 of the Constitution.
In view of this assurance given by ld. Assistant Government Pleader, in the instant case, the Court refrained from imposing any costs on the respondents – the writ petition is allowed.
3. New Alert Security System - Rajasthan High Court
(2024) 18 CENTAX 471
Where registration of assessee was cancelled, and appeal was dismissed on ground of limitation, assessee was to be given liberty to file against order of cancellation and same was to be considered
excluding bar of limitation.
It cannot be denied that the petitioners herein would not be able to continue with their business in the absence of GST registration and, thus, would be deprived of their livelihood, which amounts to a violation of the right to life and
liberty as enshrined in Article 21 of the Constitution of India.
4. Trans India Carco Carriers - Madras High Court
2022-TIOL-1280
The petitioners have been left remediless for hyper-technical reasons because the appeal against the cancellation of GST registration was not filed
in hard copy/in time.
He contended that owing to the cancellation of GST registration, the petitioners are being deprived of the opportunity to do business, which has resulted in the loss of all avenues of earning livelihood and is violative of the right to life and liberty
as guaranteed by Article 21 of the Constitution of India. Cancellation of registration - missing the bus for restoration - GSTN to make suitable changes in the architecture of GST web portal to allow petitioners to file returns and pay tax/penalty/fine.
5. DURGA RAMAN PATNAIK - Orissa High Court
(2022) 67 GSTL 19
Petitioner, if denied of revival of GST registration number, it would affect his right to livelihood (Article 21 of Constitution of India) as also right to carry on business [Article 19(1)(g)]
I hope this helps you.