Constitutional Protection: Article 19(1)(g)

Introduction

The Constitutional Foundation of Trade and Commerce Rights

In India, the right to carry on trade and commerce is not merely statutory but is deeply entrenched in the Constitution. Article 19(1)(g) guarantees the right to practice any profession, trade, or business, subject to reasonable restrictions. Additionally, Article 21 ensures the right to livelihood, a crucial aspect of economic freedom.

The Complexity of GST Regulations

However, the implementation of GST has often led to clashes between regulatory provisions and constitutional rights. While GST aims at streamlining taxation, its intricate regulations sometimes encroach upon fundamental rights, leading to legal battles in various high courts across India.

Madras High Court: Upholding Constitutional Guarantees

Tvl. Suguna Cutpiece Center Case

Introduction:

The Madras High Court recently delivered a significant judgment in the case of Tvl. Suguna Cutpiece Center versus The Appellate Deputy Commissioner (ST) (GST) and The Assistant Commissioner (Circle). The court’s ruling has implications for the restoration of GST registration after fulfilling certain conditions.

Facts of the Case:

The petitioners, Tvl. Suguna Cutpiece Center, approached the Madras High Court seeking the restoration of their GST registration, which had been canceled by the department. The court noted that the purpose of GST enactments is to facilitate business operations, not to permanently exclude or de-recognize assesses from the GST framework.

Issue:

The primary issue before the court was whether the petitioners were entitled to the restoration of their GST registration despite their previous non-compliance with the provisions of the GST Acts and their failure to take advantage of amnesty schemes offered for registration revival.

Held:

The Madras High Court, in its landmark judgment, emphasized the fundamental right to carry on trade and commerce as guaranteed by the Constitution of India. It held that the provisions of the GST enactments cannot be interpreted in a manner that denies citizens the right to engage in legitimate business activities. The court underscored that while reasonable restrictions can be imposed, the unconditional and unequivocal nature of constitutional guarantees must be upheld.

Despite the petitioners’ past non-compliance, the court ruled in their favor, directing the department to restore their GST registration, subject to certain terms and conditions. The court emphasized that the ultimate goal of the GST regime is to facilitate business operations and that denying assesses the right to revive their registration would be contrary to constitutional principles.

The judgment serves as a reminder of the importance of upholding fundamental rights, even in the context of regulatory enforcement under the GST framework.

Abdul Samad Mohamed Inayatullah Case

Introduction:

The case of Abdul Samad Mohamed Inayathullah versus The Superintendent of CGST and C.Exicse involves a writ petition filed under Article 226 of the Constitution of India. The petitioner seeks the issuance of a writ of certiorarified mandamus to challenge the cancellation of his GSTN registration by the respondent.

Facts of the Case:

Abdul Samad Mohamed Inayathullah, a vegetable exporter enrolled under the Central Goods and Service Tax Act, 2017, had his GSTN Registration No. 33ANLPM1250C1ZI canceled by the respondent through an order dated 25.06.2020. The cancellation was due to non-filing of returns for a period of six months. The petitioner contends that he engaged a part-time accountant to file returns, but due to the COVID-19 pandemic, the accountant contracted the virus and was unable to file the returns on time. The petitioner further claims that although he attempted to file an appeal, the GST portal did not accept it due to statutory limitations.

Issue:

The primary issue before the court is whether the cancellation of the petitioner’s GSTN registration is legal and whether the petitioner should be granted relief considering the circumstances.

Held:

The court considered the arguments presented by both parties and examined the circumstances surrounding the cancellation of the petitioner’s GSTN registration. It observed that the cancellation of registration due to non-filing of returns could severely affect the petitioner’s livelihood, especially during the COVID-19 pandemic. Drawing on similar judgments from other high courts, the court emphasized the constitutional right to carry on trade and business, as guaranteed by Article 19(1)(g) and Article 21 of the Constitution.

In light of the principles of justice and the objective of promoting trade, the court ruled in favor of the petitioner. It quashed the orders canceling the petitioner’s GST registration and directed the authorities to revive the registration subject to certain conditions. The conditions included the filing of pending returns, payment of dues along with penalties and interest, and compliance with GST rules. The court emphasized the need for the GST department to consider the practical challenges faced by small-scale entrepreneurs and to communicate notices in regional languages and through SMS to ensure better compliance.

Sri Marg Human Resources Pvt. Ltd. Case

Introduction

Navigating the intricacies of legal battles can be daunting, especially when it involves complex financial matters and statutory regulations. The case of Sri Marg Human Resources Pvt. Ltd vs The Principal Additional Director is one such example, shedding light on the legal saga that unfolded in the corridors of the Madras High Court. Let’s delve into the details to grasp the essence of this legal tussle.

Facts of the Case

The crux of the matter lies in the attachment orders issued against the bank accounts of Sri Marg Human Resources Pvt. Ltd. These orders, dated 12.01.2021 and 28.01.2021, stemmed from alleged fraudulent activities related to the Central Goods and Services Tax Act, 2017 (CGST Act, 2017). Following a search and investigation initiated against the petitioner company, substantial sums of money were seized, amounting to Rs. 5.68 Crores. Additionally, the directors of the company faced arrest, further complicating the legal landscape.

Issue

Central to the dispute is the validity and impact of the attachment orders imposed by the respondents. The petitioner contends that these orders have crippled its business operations, posing a substantial threat to its livelihood. Moreover, questions arise regarding the procedural fairness and statutory compliance surrounding the issuance of these orders.

Held

After meticulous deliberation, the Hon’ble Mr. Justice C.Saravanan intervened to address the pressing concerns raised by both parties. He acknowledged the wide-ranging powers vested in the authorities under the CGST Act, 2017, particularly regarding provisional attachment of assets during investigations. However, he underscored the importance of balancing these powers with the fundamental rights enshrined in the Constitution of India.

The court directed the petitioner to deposit a sum of Rs. 1 Crore within a stipulated timeframe, in addition to the amount already remitted. Upon compliance, the attachment orders would stand vacated, offering a ray of hope to the petitioner amidst the legal turmoil. Furthermore, the court emphasized the need for transparent proceedings and expeditious resolution to safeguard the interests of all stakeholders involved.

In essence, the judgment epitomizes the delicate balance between upholding statutory provisions and safeguarding individual liberties, serving as a beacon of justice in a complex legal landscape.

Bombay High Court: Examining Drastic Measures

Narayan Power Solution Case

Introduction

Legal battles often shed light on intricate aspects of property rights and governmental authority. The recent ruling by the Bombay High Court in the case of Narayan Power Solutions v. Union of India has sparked discussions on the extent of authority bestowed upon Customs officials and its implications on property ownership rights. Let’s delve into the details to grasp the significance of this landmark judgment.

Facts of the Case

In the Matter of Narayan Power Solutions v. Union of India, the petitioner, Narayan Power Solutions, contested the Assistant Commissioner of Customs’ decision to seal their premises under Section 105 of the Customs Act, 1962, without prior notice. The petitioner, engaged in transactions related to major importer and supplier S.T. Electricals, found their office sealed during a Customs investigation. Despite not directly purchasing items from S.T. Electricals, the petitioner maintained that they were not involved in any wrongdoing. They clarified that S.T. Electricals supplied products to another company, which then distributed them to various businesses. The petitioner filed a lawsuit seeking the removal of the seal on their premises.

Issue

Central to the dispute was the legality of sealing the petitioner’s premises without prior notice or sufficient grounds. The petitioner argued that such an action infringed upon their property ownership rights as guaranteed under Article 300-A of the Indian Constitution. The crux of the matter revolved around the interpretation of Section 105 of the Customs Act and whether it empowered Customs officials to seal properties during investigations.

Held

Upon careful examination, the Division Bench of Justices G.S. Kulkarni and Jitendra Jain delivered a significant judgment. They ruled that the power to seal premises was not explicitly granted to Customs officials under Section 105 of the Customs Act. While acknowledging the authority to conduct searches, the Court emphasized that sealing properties significantly encroached upon the substantive right to property ownership. Such drastic measures, the Court opined, should only be employed if expressly authorized by law. Therefore, the Court ordered the Customs officials to unseal the petitioner’s premises and conduct searches in their presence. The ruling underscored the importance of balancing governmental authority with individual rights, particularly in matters concerning property ownership.

Orissa High Court: Safeguarding Livelihoods

Durga Ram Patnaik Case

Introduction

The cancellation of Goods and Services Tax (GST) registration can have far-reaching consequences for individuals and businesses. In a recent case, the petitioner raised concerns over the potential violation of their constitutional rights due to the denial of GST registration restoration. This article explores the legal implications of such actions on the petitioner’s livelihood and business operations.

Facts of the Case

The petitioner, in W.P.(C) No. 7728 of 2022, highlighted the crucial link between GST registration and their ability to conduct business. With the implementation of the e-invoice system under the GST regime, the petitioner emphasized the necessity of a restored GST registration number to issue bills. The absence of a valid GST registration could significantly impact the petitioner’s right to livelihood, as guaranteed under Article 21 of the Constitution of India, along with the right to carry on business under Article 19(1)(g).

Issue

Central to the case was the petitioner’s contention that the denial of GST registration restoration infringed upon their fundamental rights. The absence of an appellate tribunal, as mandated by Sections 109 and 112 of the GST Act, further compounded the issue. The petitioner argued that the inability to appeal the cancellation decision exacerbated the violation of their constitutional rights.

Held

The court underscored the intrinsic connection between the right to livelihood and the right to life enshrined in Article 21 of the Constitution. It held that the denial of GST registration restoration without an effective appellate mechanism could indeed constitute a violation of constitutional provisions. The court emphasized the need for a robust legal framework to safeguard individuals’ rights against arbitrary administrative actions. It stressed the importance of providing avenues for appeal and redressal, particularly in matters impacting livelihood and business operations.

Calcutta High Court: Questioning Retrospective Amendments

Shew Bhagwan Goenka Case

Introduction

The case of Shew Bhagwan Goenka vs. Commercial Tax Officer And Ors. revolves around the interpretation of the term “business” under the Bengal Finance (Sales Tax) Act, 1941. The petitioner, representing a joint Hindu mitakshara family engaged in the coal business, contests the imposition of sales tax on the sale of old machineries and equipments, which they argue are not part of their regular business activities.

Facts of the Case

The petitioner, acting as the head of a joint Hindu mitakshara family, operates a coal business under the name “Goenka Coal Company.” Their business includes the ownership and operation of a colliery named “Goenka Kajora Colliery” in Burdwan. The petitioner’s firm is a registered dealer under both the Bengal Finance (Sales Tax) Act, 1941, and the Central Sales Tax Act, 1956. The contention arises from the sale of old and discarded machineries, equipments, and stores, which the petitioner argues are not part of their primary business activities. The sales of these items, although occasional, were included in the taxable turnover by the Commercial Tax Officer under the amended provisions of the Act.

Issue

The primary issue in this case revolves around the interpretation of the term “business” as defined under the Bengal Finance (Sales Tax) Act, 1941. The petitioner contests the inclusion of sales proceeds from old and discarded machineries, equipments, and stores in their taxable turnover, arguing that these transactions are not part of their regular business activities. Therefore, the imposition of sales tax on these transactions is unwarranted.

Held

The court, after considering the arguments presented, held that the retrospective operation of the amended definition of “business” imposed an unreasonable restriction on the petitioner’s fundamental rights guaranteed under Article 19(1)(f) and (g) of the Constitution of India. The court ruled that the transactions in question, which were not considered business activities under the previous interpretation of the law, cannot be retrospectively taxed under the amended provisions. Consequently, the court quashed the orders imposing sales tax on the disputed transactions and directed the respondents to refrain from enforcing such orders.

Andhra Pradesh High Court: Challenging Arbitrary Restrictions

1. V. Seshaiah and Sons Case

Introduction

In the legal realm, landmark cases often shape the landscape of jurisprudence. The case of J.V. Seshaiah And Sons And Ors. vs The State Of Andhra Pradesh And Ors. stands as a testament to the intersection of business rights, governmental regulations, and constitutional freedoms. Delving into the depths of this case unveils a narrative rich in legal intricacies and socio-economic implications.

Facts of the Case

The petitioners, consisting of 33 oil-millers from Kurnool District, brought forth a writ against the State of Andhra Pradesh and the Commercial Tax Officers of Kurnool, Adoni, and Nandyal. The crux of their grievance lay in the amendment introduced by the government, specifically G.O. Ms. No. 300, Revenue (S), dated 8th March 1966. This amendment, encapsulated in Rule 45-D of the Andhra Pradesh General Sales Tax Rules, 1957, mandated oil-millers to maintain a detailed register showcasing hour-to-hour operations, including machinery workings, labor details, and production quantities.

Issue

The primary contention raised by the petitioners revolved around the constitutional validity and practical implications of Rule 45-D. They argued that the rule imposed undue hardships on their businesses, infringing upon their fundamental right to carry out trade guaranteed under Article 19(l)(g) of the Constitution. Moreover, they posited that the rule amounted to discriminatory treatment, singling out groundnut oil-millers without valid justification.

Held

Upon careful examination, the court ruled in favor of the petitioners, striking down Rule 45-D on multiple grounds. Firstly, it deemed the rule to be an unreasonable restriction on the petitioners’ right to carry on business, thus violating Article 19(l)(g) of the Constitution. Additionally, the court found the rule to be discriminatory and ultra vires of the rule-making power conferred to the government under Section 39 of the A.P. General Sales Tax Act.

Conclusion

In conclusion, while GST aims to streamline taxation, it must operate within the constitutional framework. Judicial interventions by various high courts reaffirm the importance of upholding fundamental rights, especially the right to trade and commerce. Moving forward, a delicate balance between regulatory enforcement and constitutional safeguards is imperative to ensure a harmonious GST regime.