2024 (8) TMI 579 - HC - GST

Challenge to SCN - Cancellation of GST registration of petitioner - proccedings taken place without complying with the request made by Petitioner - no opportunity of personal hearing provided - HELD THAT - It is quite clear that Petitioner was not even given a copy of the said file to effectively reply to the show cause notice or even make proper representations before Respondent No. 2. It is quite obvious that Petitioner was severely handicapped and despite that Respondent Nos.2 and 3 proceeded to pass the impugned orders. Thus, no purpose will be served for granting time to Respondents to file any Affidavit-in-reply and in any case, Respondents had enough time to file reply. The impugned order set aside - petition disposed off.

Summary

Issues:
Challenge to show cause notice and orders passed by Respondent No. 3 and Respondent No. 2.

Analysis:
The petitioner contested the show cause notice dated 12th May 2022 and subsequent orders issued by Respondent No. 3 and Respondent No. 2. The petitioner, a GST-registered entity, had been compliant with GST regulations from July 2018 to March 2022. The show cause notice alleged violations without providing supporting documents, leading the petitioner to request additional information and a personal hearing. However, Respondent No. 3 proceeded to pass an order on 17th May 2022 without fulfilling the petitioner's requests, which was further upheld by Respondent No. 2 on 22nd May 2023. Notably, Respondent No. 2's decision referenced additional communications not disclosed in the show cause notice, creating a lack of transparency in the process.

The High Court scrutinized the actions of Respondent No. 3 and Respondent No. 2, emphasizing the importance of natural justice principles even during ongoing investigations by the GST department. The court found that the petitioner was unfairly treated as essential documents were not provided for a proper response, and no personal hearing was granted. The court highlighted that mere ongoing investigations do not excuse disregarding procedural fairness towards the petitioner.

In light of the procedural irregularities and lack of transparency in the decision-making process, the High Court quashed the orders dated 17th May 2022 and 22nd May 2023 issued by Respondent No. 3 and Respondent No. 2, respectively. The court directed Respondent No. 3 to furnish the necessary documents to the petitioner by a specified date and instructed the petitioner to respond to the show cause notice by a given deadline. Additionally, the court mandated a reasoned order after the personal hearing, ensuring that all submissions by the petitioner are duly considered. Importantly, the court clarified that its decision did not delve into the merits of the case, focusing solely on the procedural fairness aspects.

Ultimately, the High Court disposed of the petition, providing a structured timeline for the parties to adhere to in the further proceedings, aiming to uphold the principles of natural justice and fairness in the adjudicatory process.