2024 (7) TMI 1161 - HC - GST

Challenge to order passed under Section 74 (9) of the West Bengal GST/CGST Act 2017 - order by Proper Officer passed subsequent to the demise of the registered taxpayer - HELD THAT - Admittedly in this case it would transpire that a show cause notice had been issued on the registered taxpayer. The registered taxpayer had also duly responded to the said show cause notice. Records would also reveal that from the order passed under Section 74 (9) of the said Act it would transpire that an opportunity of hearing was also afforded to the registered taxpayer on 7th February 2024. The order passed by the Proper Officer under Section 74 (9) of the said Act dated 13th March 2024 which had been passed subsequent to the demise of the registered taxpayer is unenforceable and has to be declared as such. The order passed by the Proper Officer on 13th March 2024 stands set aside - petition disposed off.

Summary

Issues Involved:
Challenge to order under Section 74 (9) of West Bengal GST/CGST Act, 2017 for tax period April 2018-March 2019 due to demise of registered taxpayer before the order was passed.

Analysis:
The writ petition challenges an order passed under Section 74 (9) of the West Bengal GST/CGST Act, 2017 for the tax period April 2018-March 2019, following the death of the registered taxpayer before the order was issued. The petitioner, as the legal heir, argues that the order and proceedings are null and void due to the demise of the registered taxpayer. The petitioner's counsel emphasizes the death certificate as evidence of the taxpayer's death, seeking to set aside the order and request a fresh opportunity for response.

The respondents argue that the registered taxpayer had received a show cause notice and an opportunity for a hearing, but failed to attend the hearing, leading to the closure of proceedings and the subsequent passing of an adjudication order. They contend that since no intimation of the taxpayer's death was provided, the order is valid, and the petitioner has the option to appeal rather than seeking writ jurisdiction intervention.

Upon review, the court notes that the registered taxpayer had responded to the show cause notice and was granted a hearing opportunity, which coincided with the taxpayer's passing. Despite the lack of intimation to the Proper Officer regarding the death, the court finds that the proceedings, including the order, are vitiated due to the taxpayer's demise before the hearing date.

Consequently, the court declares the order under Section 74 (9) of the said Act as unenforceable and sets it aside. However, recognizing the petitioner as the legal heir, the court directs that the show cause notice is deemed to be issued in favor of the legal representative of the deceased taxpayer. The legal representative is granted an opportunity for a hearing, with the liberty to file an additional response consistent with the original response by the taxpayer.

The court instructs the Proper Officer to expedite the proceedings within eight weeks from the order's communication, emphasizing that the decision should be made promptly without unnecessary adjournments. The court clarifies that it has not delved into the case's merits, leaving it to the Proper Officer to adjudicate in accordance with the law. The order passed by the Proper Officer on 13th March 2024 is thereby set aside, and the writ petition is disposed of without costs.