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2024 (6) TMI 339 - HC - GSTOrder u/s 73 SGST/CGST Act, 2017 - alleged excess claim of input tax credit - no SCN issued rather a summary of the show-cause notice was issued which is contrary to the provisions mandated under the Section 73 of the Act and Rule, 142 of the Rules - Violation of principles of natural justice - HELD THAT - Let Notice be issued, returnable by 4 (four) weeks. Mr. B. Chowdhury, learned Standing Counsel, CGST accepts notice on behalf of the respondents no. 1 to 3 and Mr. D.J. Das, learned CGC accepts notice on behalf of the respondent no.4. Since all the respondents are represented by their respective counsel, Notices are waived. However, extra copies of the petition be served to them within a period of 1 (one) week from today. Let the matter be listed on 24.06.2024. Till the next date fixed, the impugned order of demand dated 28.04.2024 shall remain stayed.
Issues involved: Challenge to order u/s 73 SGST/CGST Act, 2017 for demand of Rs. 10,29,10,641/- based on alleged excess claim of input tax credit without proper show-cause notice and personal hearing.
Summary: The petitioner challenged an order dated 28.04.2024 u/s 73 SGST/CGST Act, 2017, demanding Rs. 10,29,10,641/- for alleged excess claim of input tax credit. The petitioner contended that the order was issued without a proper show-cause notice as mandated by Rule 142 of the Act. The petitioner also raised concerns about the lack of personal hearing and the reopening of the matter without valid reasons after a satisfactory reply to earlier demands for the financial years 2018-19 and 2019-2020. Furthermore, the petitioner highlighted that both the show-cause notice and demand notice were not signed by the competent authority, as required by law. The learned counsel for the petitioner argued that the impugned order dated 28.04.2024 should be set aside and quashed, and the demand raised should be stayed during the pendency of the writ petition. In response, the Standing Counsel for SGST and the learned CGC requested time to complete their instructions. Notice was issued, returnable by four weeks, and the matter was listed for further hearing on 24.06.2024. Considering the submissions and the provisions of the Act and Rules, the Court found that the respondents did not adhere to the required procedures while issuing the demand. Therefore, the Court ordered that the impugned order of demand dated 28.04.2024 shall remain stayed until the next scheduled hearing on 24.06.2024.
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