2024 (9) TMI 503 - HC - GST

Violation of principles of natural justice - Failure to provide proper opportunity of hearing before passing an adverse order under Section 74 of the Central Goods and Service Tax Act, 2017 - HELD THAT - It is evident from a perusal of paragraph-6 of the petition that it relates to the separate months for which purchases have been shown and ITC credit claimed. The parties may be the same, the invoices/ITC may look to be the same as they have been issued by same traders, but for every return that is filed, a separate order can be passed for assessment/penalty. The writ petition is dismissed as misconceived.

Summary

Issues:
1. Failure to provide proper opportunity of hearing before passing an adverse order under Section 74 of the Central Goods and Service Tax Act, 2017.
2. Allegation of violation of principles of natural justice in passing a penalty order based on similar grounds of previous orders.
3. Dismissal of the writ petition as misconceived.

Analysis:
The petitioner, a registered trader under the Uttar Pradesh Goods and Service Tax Act for waste and scrap of iron and steel, challenged an order passed by the respondent without providing a proper opportunity of hearing as required under Section 75(5) of the Central Goods and Service Tax Act, 2017. The petitioner cited a precedent set by a Division Bench in a similar case, emphasizing the necessity of personal hearing before passing adverse orders in adjudication proceedings. The Court in the previous case had ruled that denial of personal hearing violates the principles of natural justice. However, the Standing Counsel argued that the petitioner was duly notified for a personal hearing but failed to avail the opportunity or communicate any intention to participate. The respondent had issued a show cause notice with a fixed date for hearing, which the petitioner did not attend or request an adjournment for. The Court found that the petitioner's case differed from the precedent cited, as the opportunity for a hearing was provided in this instance.

Another issue raised by the petitioner was the alleged violation of principles of natural justice in passing a penalty order based on similar grounds of previous orders. The petitioner contended that the penalty order was passed in contravention of Section 75(13) of the CGST Act of 2017, which prohibits imposing multiple penalties on the same person for the same act or omission. The petitioner argued that separate orders should not have been passed for similar grounds, especially when appeals for previous orders were pending. However, the Court noted that each order pertained to separate months and transactions, allowing for individual assessment and penalty determinations based on the filings made by the petitioner.

Ultimately, the Court dismissed the writ petition as misconceived, indicating that the petitioner's arguments did not align with the legal provisions and precedents cited. The Court's decision was based on the specific circumstances of the case, where the petitioner failed to take advantage of the opportunity for a hearing and where separate orders were justified for distinct periods and transactions.