2024 (3) TMI 1027 - HC - GST

Reversal/ Refund of the input tax credit - Principles of Estoppel / principle of res judicata - withdrawal of earlier petition - HELD THAT - In the instant case, it is noted that there was no offer made by the respondents calling for petitioner to come for an amicable settlement. It appears that at the time of hearing of the matter when the bench was not agreeing with the petitioner, petitioner unconditionally sought to withdraw the petition. The observation is being made keeping in view the last line of the last paragraph of the order where the Court had specifically clarified that no liberty has been granted to the petitioner is clearly indicates that when the bench were not agreeing with the petitioner, petitioner sought to unconditionally withdraw the petition. Further, this Court has also noticed that the director of the petitioner was not joining investigation and as such, the department was constrained to take the coercive steps. The petitioner having unconditionally withdrawn the earlier petition and liberty being specifically declined to the petitioner, the petitioner is precluded from filing the present petition seeking the same relief which was earlier withdrawn by the petitioner. No doubt petitioner had withdrawn the proceedings pending investigation. However the said qualification would have only applied in case the investigation had exonerated the petitioner. In the instant case, the investigation has found petitioner culpable and accordingly, a show cause notice has been issued to the petitioner which is pending adjudication. The present petition is barred on the principle of the issue of estoppel and as such the petition is not maintainable and same is consequently dismissed.

Summary

Issues involved:
The issues involve a declaration of the reversal of input tax credit as illegal, seeking a refund of the input tax credit amount, and the application of the principles of res-judicata and issue estoppel.

Declaration of Reversal of Input Tax Credit:
The petitioner sought a declaration that the reversal of the input tax credit by the respondents on a specific date was illegal, and requested a refund of the input tax credit amounting to Rs 19,65,00,000. The respondents raised a preliminary objection based on res-judicata, stating that a previous petition claiming the same relief had been unconditionally withdrawn. The petitioner clarified that the previous petition was withdrawn pending investigation, and now, after the investigation is completed, the present petition was filed. The investigation found the petitioner culpable, and a show cause notice was issued. The Court noted the prayers made in the previous petition and the withdrawal of the same, leading to the dismissal of the present petition based on the principle of res-judicata and issue estoppel.

Application of Res-Judicata and Issue Estoppel:
The Court referred to the previous order where the petitioner had unconditionally withdrawn the earlier petition, with no liberty granted, while the petition was dismissed. The petitioner's reliance on a specific judgment was deemed misplaced. The Court discussed the principle underlying Order 23 Rule 1 CPC and discouraged litigants from bench hunting tactics. It was noted that no offer for amicable settlement was made by the respondents, and the petitioner withdrew the petition when the bench was not agreeing with them. The Court emphasized that the petitioner was precluded from filing the present petition seeking the same relief as earlier, especially since the investigation found the petitioner culpable. Consequently, the present petition was dismissed based on the principle of issue estoppel.

Legal Precedents and Application:
The Court referred to various legal precedents, including the Sarva Shramik Sanghatana case and the Sarguja Transport Service case, to explain the rationale behind the decision. The application of the principle of res-judicata, based on public policy to discourage litigation, was highlighted. The Court emphasized that the petitioner's unconditional withdrawal of the previous petition, without liberty granted, barred them from filing the present petition seeking similar relief. The investigation's findings of petitioner's culpability further supported the dismissal of the present petition on the grounds of issue estoppel.