2025 (1) TMI 1021 - HC - GST

Service of notices - Compliance of Section 169 of the Tamil Nadu Goods and Services Tax Act 2017 - upload of only the notices/ orders in the web portal and not by any other modes as prescribed under Section 169 of the Act - HELD THAT - It is to be noted that Rule 52 of the TNGST Rule 1959 had provided for service of notices on the assesses. The same had been considered by the two Division Bench of this Court. Firstly in the judgment reported in 1972 SCC Online Mad 347 1972 (9) TMI 133 - MADRAS HIGH COURT a Division Bench of this Court had rejected the contentions that Section 52(a) (b) (c) all have to be complied with independently before compliance of Section 52 (d). The Division Bench had held that the authority would have to comply with any of the three modes under (a) (b) (c) of Rule 52 and if found such service was not effective then the Clause (d) of Rule 52 would have to be complied. A similar view had been taken by a subsequent Division Bench in a judgment in the case of Singaravelar Spinning Mills (P) Ltd. Vs State of Tamil Nadu and Another 2010 (12) TMI 1102 - MADRAS HIGH COURT . The Division Bench in the said judgment had also taken note of the earlier Division Bench indicated supra wherein the Division Bench had held that the mode of service referred to under Clause (a) to (c) are only alternative and not cumulative and that any one of the modes have to be exhausted before proceeding under Rule 52 (d). A conjoined reading of Sub-Section (1)(2) (3) of Section 169 would amply make it clear that the State is obliged to comply with the Clauses (a) to (c) alternatively and thereafter comply with Clauses (d) to (f). Further even though Clause (f) has also been proceeded with the word or indicating it to be disjunctive / an alternative mode of services a reading of the Clause (f) would indicate that Clause (f) could be resorted to by the State if any of the Clauses preceding it was not practicable. Here also Clause (f) makes it imperative that such affixure shall be in a conspicuous place and the last known business or residence of the asseesse. Therefore the object of Section 169 is for strict observance of the principles of natural justice. Conclusion - Section 169 mandates a notice in person or by registered post or to the registered e-mail ID alternatively and on a failure or impracticability of adopting any of the aforesaid modes then the State can in addition make a publication of such notices/ summons/ orders in the portal/ newspaper through the concerned officials. The orders of assessment impugned in these Writ Petitions set aside remitting the same back to the respective respondents to comply with the directions indicated - petition allowed by way of remand.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal issue presented and considered in this judgment revolves around the interpretation and compliance with Section 169 of the Tamil Nadu Goods and Services Tax Act 2017 (the Act). Specifically, the issue is whether the service of notices/orders solely through the web portal, without utilizing other prescribed methods, satisfies the legal requirements under Section 169 and adheres to the principles of natural justice.

2. ISSUE-WISE DETAILED ANALYSIS

Relevant Legal Framework and Precedents:

Section 169 of the Act outlines the methods for serving notices, orders, and communications. The section lists various modes of service, including direct delivery, registered post, email, and publication on the portal. The legal question is whether these methods are to be considered alternative or conjunctive.

The court examined precedents, including judgments from the Madras High Court and other jurisdictions, which addressed similar issues under different statutory frameworks, such as the TNGST Rules 1959 and the Income Tax Act.

Court's Interpretation and Reasoning:

The court interpreted Section 169 as requiring that the modes of service listed in clauses (a) to (c) be considered alternative. The court emphasized that these methods must be exhausted before resorting to the methods in clauses (d) to (f). This interpretation aligns with the principles of natural justice, ensuring that assessees are adequately informed.

Key Evidence and Findings:

The court noted that the petitioners were not adequately informed due to reliance on practitioners who failed to notify them of updates on the portal. The court found that this practice violated the principles of natural justice, as the assessees were not given a fair opportunity to respond to notices.

Application of Law to Facts:

The court applied its interpretation of Section 169 to the facts, determining that the service of notices solely through the portal was insufficient. The court held that the State must comply with the alternative methods of service before resorting to portal publication.

Treatment of Competing Arguments:

The court considered arguments from the respondents, who contended that service through the portal was valid and aligned with previous judgments. However, the court distinguished these cases based on the specific statutory language of Section 169 and the requirement for alternative service methods.

Conclusions:

The court concluded that the service of notices/orders solely through the portal did not comply with Section 169 and violated the principles of natural justice. The court set aside the impugned assessment orders and directed the respondents to provide an opportunity for the petitioners to respond to the show cause notices.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning:

The court stated, "A conjoined reading of Sub-Section (1)(2) & (3) of Section 169 would amply make it clear that the State is obliged to comply with the Clauses (a) to (c) alternatively and thereafter, comply with Clauses (d) to (f)." This emphasizes the requirement for alternative methods of service before resorting to portal publication.

Core Principles Established:

The judgment establishes that Section 169 mandates alternative methods of service, aligning with the principles of natural justice. The court clarified that the statutory framework requires a fair opportunity for assessees to be informed and respond to notices.

Final Determinations on Each Issue:

The court determined that the impugned assessment orders were invalid due to non-compliance with Section 169. The court directed the respondents to allow the petitioners to file replies to the show cause notices and to conduct hearings in accordance with the law.

The judgment underscores the importance of adhering to statutory requirements for service of notices and the necessity of ensuring compliance with principles of natural justice in tax proceedings.