2024 (12) TMI 1503 - HC - GST

Challenge to impugned order on the premise that the same is made in violation of principles of natural justice - petitioner was unaware of the initiated proceedings - neither the show cause notice nor the impugned order of assessment has been served on the petitioner - violation of principles of natural justice - HELD THAT - Taking into account the peculiar facts of the case, where in, the petitioner has already remitted more than 25% (almost 70%) of the disputed taxes, this Court is of the view that the petitioner may be granted one final opportunity to put forth his objections, which was not objected to by the learned Special Government Pleader for the respondent. Since, the above order is made on the basis of the statement made by the learned counsel for the petitioner that a sum of Rs. 35,95,104/- has been remitted already, the respondent may verify the same. If the statement made by the learned counsel for the petitioner regarding the payment of tax of more than 25% is incorrect, the respondent authority shall intimate the same to the petitioner who shall within 2 weeks from the date of such intimation deposit 25% of disputed taxes. Subject to verification of payment of 25% of disputed taxes or on payment of 25% of disputed taxes, attachments if any, would be lifted. Conclusion - The petitioner may be granted one final opportunity to put forth his objections, which was not objected to by the learned Special Government Pleader for the respondent. The impugned order, dated 26.04.2024 is set aside. The impugned order shall be treated as a show cause notice and the petitioner shall file their objections within a period of two (2) weeks from the date of receipt of a copy of this order - Petition disposed off.

2024 (6) TMI 713 - HC

1. ISSUES PRESENTED and CONSIDERED

The judgment primarily revolves around the following legal questions:

Whether the principles of natural justice were violated in the issuance of the assessment order by not serving the show cause notice and the assessment order to the petitioner in a manner that ensures awareness and participation?
Whether the petitioner should be granted an opportunity to present objections to the assessment order considering the partial payment of disputed taxes?

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Violation of Principles of Natural Justice

Relevant Legal Framework and Precedents: The principles of natural justice require that a party must be given a fair opportunity to present their case. In this instance, the petitioner argued that they were not served the show cause notice or the assessment order in a manner that would allow them to participate in the proceedings.
Court's Interpretation and Reasoning: The court recognized that the failure to serve documents by tender or Registered Post Acknowledgment Due (RPAD) and instead uploading them on the GST Portal could lead to a lack of awareness by the petitioner about the proceedings.
Key Evidence and Findings: The petitioner had already remitted a significant portion of the disputed taxes, which indicated their willingness to comply but highlighted the lack of proper communication regarding the assessment proceedings.
Application of Law to Facts: By not serving the documents appropriately, the respondent failed to adhere to the principles of natural justice, warranting a reconsideration of the assessment order.
Treatment of Competing Arguments: The respondent did not object to granting the petitioner an opportunity to present their objections, which the court considered in its decision.
Conclusions: The court concluded that the petitioner should be granted a fair opportunity to contest the assessment order, given the procedural lapses in serving the documents.

Issue 2: Opportunity to Present Objections

Relevant Legal Framework and Precedents: The court referred to a previous judgment where similar circumstances led to a remand of the matter, subject to the payment of 25% of the disputed taxes.
Court's Interpretation and Reasoning: Considering the petitioner had already paid more than 25% of the disputed taxes, the court deemed it appropriate to allow them a chance to present their case.
Key Evidence and Findings: The petitioner's payment of Rs. 35,95,104/- out of Rs. 46,42,658/- was a significant factor in the court's decision to grant them an opportunity to file objections.
Application of Law to Facts: The court applied the precedent of allowing a chance to present objections when a substantial portion of the disputed taxes has been paid.
Treatment of Competing Arguments: There was no objection from the respondent's counsel regarding granting the petitioner an opportunity, which supported the court's decision.
Conclusions: The court set aside the impugned order and treated it as a show cause notice, allowing the petitioner two weeks to file objections.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The petitioner may be granted one final opportunity to put forth his objections, which was not objected to by the learned Special Government Pleader for the respondent."
Core Principles Established: The judgment reinforces the principle that procedural fairness and adherence to natural justice are critical in tax assessment proceedings.
Final Determinations on Each Issue: The court set aside the impugned assessment order, treating it as a show cause notice, and allowed the petitioner two weeks to file objections. If the petitioner fails to do so, the original assessment order would be restored.

Overall, the judgment underscores the importance of proper service of notices and orders to ensure compliance with the principles of natural justice, allowing affected parties a fair opportunity to contest assessments.

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