2025 (3) TMI 666 - HC - GST

Seeking to quash the assessment orders and consequently to direct the respondent to reopen the proceedings by granting opportunity to the petitioner to produce all the documents - Assessing Officer has failed to grant an opportunity of personal hearing - principles of natural justice - HELD THAT - This Court is of the considered opinion when the assessee has opted for personal hearing while submitting the reply even though the assessee has ticked no in the Form then the Assessing Officer ought to grant personal hearing by relying on the reply notice. Whenever two opinions are possible the opinion which is advantageous to the assessee should be taken. The Learned Single Judge has relied on the above cited judgment rendered in the case of Assistant Commissioner of State Tax and others Vs. Commercial Steel Limited 2021 (9) TMI 480 - SUPREME COURT wherein it has been stated that the writ petitions are maintainable under Article 226 of the Constitution of India against the assessment orders if there is breach of fundamental rights or violation of principles of natural justice or excess jurisdiction or there is challenge to the vires of the statute or delegated legislation. This Court has held there is violation of principles of natural justice and therefore the said judgment is squarely applicable to the present case. The assessment orders passed by the respondent are set aside and the matter is remitted back to the Assessing Officer. The Assessing Officer is specifically directed to verify the bank realization certificate that has been uploaded in the GST portal - Appeal allowed.

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

1. Whether the principles of natural justice were violated due to the failure of the Assessing Officer to grant a personal hearing to the appellant.

2. Whether the appellant was required to submit a Bank Realization Certificate (BRC) for export sales and whether its absence justified the confirmation of the show cause notice by the Assessing Officer.

3. Whether the writ petitions are maintainable under Article 226 of the Constitution of India in cases where there is an alleged breach of fundamental rights or violation of principles of natural justice.

ISSUE-WISE DETAILED ANALYSIS

1. Violation of Principles of Natural Justice

Relevant legal framework and precedents: The principles of natural justice require that parties be given a fair opportunity to present their case. The judgment relies on the precedent set in the case of Assistant Commissioner of State Tax and others Vs. Commercial Steel Limited, which states that a writ petition is maintainable if there is a violation of principles of natural justice.

Court's interpretation and reasoning: The Court noted that the appellant had explicitly requested a personal hearing in their reply to the show cause notice. Despite this, the Assessing Officer did not grant a hearing, which the Court considered a violation of natural justice.

Key evidence and findings: The appellant's reply included a specific request for a personal hearing, which was ignored by the Assessing Officer. The Court also noted that the appellant had inadvertently marked "no" for a personal hearing in Form GST DCR - 06, but emphasized that the explicit request in the reply should have been honored.

Application of law to facts: The Court applied the principles of natural justice to determine that the Assessing Officer's failure to grant a hearing was unjustified, particularly given the appellant's explicit request.

Treatment of competing arguments: The respondent argued that the appellant had opted out of a hearing in the GST form. However, the Court favored the appellant's explicit request in the reply notice, emphasizing that when two interpretations are possible, the one favorable to the assessee should be adopted.

Conclusions: The Court concluded that the denial of a personal hearing constituted a violation of natural justice.

2. Requirement and Submission of Bank Realization Certificate (BRC)

Relevant legal framework and precedents: The requirement for a BRC is typically part of the compliance for export sales under tax laws, but the specifics were not detailed in the show cause notice.

Court's interpretation and reasoning: The Court observed that the BRC was not explicitly requested in the show cause notice, and the appellant claimed it was uploaded with their reply.

Key evidence and findings: The appellant provided evidence that the BRC was included in their submission, though the respondents contested this claim, stating it was not uploaded.

Application of law to facts: The Court determined that the absence of a specific request for the BRC in the show cause notice meant that the appellant's failure to mention it in their reply was not a justifiable reason for the confirmation of the notice.

Treatment of competing arguments: The appellant argued that the BRC was not requested, and thus not necessary to mention. The respondent's contention that it was not uploaded was deemed a factual dispute appropriate for lower authorities.

Conclusions: The Court found that the issue of the BRC needed further examination and should be addressed by the Assessing Officer upon remand.

3. Maintainability of Writ Petitions under Article 226

Relevant legal framework and precedents: Article 226 of the Constitution allows for writ petitions in cases of violation of fundamental rights or principles of natural justice. The precedent from Assistant Commissioner of State Tax and others Vs. Commercial Steel Limited was applied.

Court's interpretation and reasoning: The Court determined that the writ petitions were maintainable due to the identified violation of natural justice.

Key evidence and findings: The Court found that the denial of a personal hearing was a sufficient basis for the writ petitions, aligning with the precedent cited.

Application of law to facts: The Court applied the precedent to conclude that the petitions were properly before the Court.

Treatment of competing arguments: The respondent's arguments against maintainability were overridden by the clear precedent supporting the petitions' validity.

Conclusions: The Court held that the writ petitions were maintainable under Article 226.

SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "Whenever two opinions are possible, the opinion which is advantageous to the assessee should be taken."

Core principles established: The judgment reinforces the principle that violations of natural justice can justify the setting aside of administrative orders and that explicit requests for hearings should be honored.

Final determinations on each issue: The Court set aside the assessment orders and remanded the matter to the Assessing Officer, directing a personal hearing be granted and allowing the appellant to submit the BRC and other relevant documents.

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