2024 (7) TMI 607 - HC - GST

Scope of SCN - Order challenged on the ground that such order travelled beyond the scope of the SCN - HELD THAT - On comparing the impugned order and the show cause notice, the contention of learned counsel that the impugned order travels beyond the scope of the show cause notice is liable to be accepted. In those circumstances, as submitted by learned Additional Government Pleader, the impugned order may be treated as a show cause notice. The petition is disposed of by directing that the impugned order dated 09.11.2023 be treated as a show cause notice. The petitioner is permitted to submit a reply in respect thereof within a period of three weeks from the date of receipt of a copy of this order.

Summary

Issues:
Challenging an order for exceeding the scope of show cause notice, Discrepancy in tax proposal amount, Validity of comparing GSTR 2A and 3B for a specific financial year, Treating the impugned order as a show cause notice, Providing an opportunity for reply and fresh order issuance, Setting aside assessment order and lifting bank attachment.

Analysis:
The judgment concerns the challenge to an order dated 09.11.2023 for exceeding the scope of the show cause notice issued to the petitioner in relation to the financial year 2017-2018. The petitioner was called upon to explain the shortfall in Input Tax Credit (ITC) in GSTR 2A compared to GSTR 3B return. The confirmed tax proposal under the impugned order exceeded the amount mentioned in the show cause notice, leading to a discrepancy of Rs. 2,00,537/-. The petitioner argued that comparing GSTR 2A and 3B was not valid for that financial year as GSTR 2A form was not prescribed during that period.

Upon comparison of the impugned order and the show cause notice, it was acknowledged that the order indeed went beyond the scope of the notice. Consequently, the impugned order was directed to be treated as a show cause notice, allowing the petitioner to respond within three weeks. The respondent was instructed to provide a reasonable opportunity for a personal hearing and issue a fresh order within three months from receiving the petitioner's reply. As a result of setting aside the assessment order, the bank attachment was lifted.

In conclusion, the writ petition was disposed of with the impugned order being treated as a show cause notice, granting the petitioner an opportunity to reply and ensuring a fresh order is issued within a specified timeframe. The judgment emphasized fairness and adherence to procedural requirements, ultimately leading to the resolution of the matter without any costs incurred.