2021 (8) TMI 518 - HC - GST

Validity of summons in regard to the on-going GST investigation - grievance of the petitioner appears to be that the Institution is called upon repeatedly before the respondent authorities, despite the petitioner having furnished all materials in support of its claim for exemption under the provisions of the Central Goods and Services Tax Act, 2017 - HELD THAT - At paragraph No.5 of the memo dated 09.08.2021, the petitioner states that having produced all relevant documents, Notifications and supporting documents to substantiate its claim for exemption, it has no further documents to be furnished to the Department. This is recorded. To a specific query put to Mr.Prabakaran, learned counsel for the petitioner as to whether the petitioner desires a personal hearing in the matter, he would state that no personal hearing is required and the authorities may proceed to pass an order on the basis of available materials - the respondents are thus at liberty to conclude the pending proceedings in regard to the petitioner in accordance with law and based on the materials available with them. Petition dismissed.

Summary

Issues:
1. Petitioner seeking Certiorarified Mandamus to quash E-mail Communication and determine Service Tax applicability.
2. Challenge of summons by the petitioner regarding GST investigation.
3. Allegation of repeated summoning by respondent authorities despite furnishing necessary documents for exemption under CGST Act.

Analysis:
1. In the present Writ Petition, the petitioner sought relief to quash an E-mail Communication and determine the applicability of Service Tax. The Court noted that this was the second time within six months that the petitioner approached seeking similar relief. Previously, in a related case, the petitioner challenged a summons issued by the Director General of GST Intelligence, which was dismissed by the Court. The Court emphasized that the petitioner should cooperate with authorities, furnish required documents, and pursue the case accordingly. The Court dismissed the Writ Petition, stating that the grant of exemption under CGST Act is a matter to be examined by authorities based on furnished materials.

2. Despite the previous dismissal, the petitioner filed another writ petition challenging a summons related to the ongoing GST investigation. The petitioner expressed grievance over repeated summoning by authorities despite providing necessary materials for exemption under the CGST Act. The Court observed that the petitioner had filed a memo listing documents submitted and stated that no further documents were to be furnished. The petitioner confirmed no need for a personal hearing, allowing authorities to proceed based on available materials. The Court granted liberty to respondents to conclude proceedings as per law and available materials.

3. The Court reiterated the importance of cooperation between the petitioner and authorities in furnishing required documents and conducting proceedings in accordance with the law. Despite the petitioner's claim of providing all relevant documents for exemption, the Court emphasized the need for both parties to ensure the submission of necessary materials. The Court dismissed the writ petition and connected Miscellaneous Petitions without costs, allowing authorities to proceed with pending proceedings based on available materials and in compliance with the law.