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2025 (4) TMI 558 - HC - GSTChallenge to SCN issued - petitioner was provided adequate notice regarding the imposition of penalty under the CGST Act 2017 or not - violation of principles of natural justice - HELD THAT - Admittedly despite issuance of notices under Sections 61 and 73 of the Act and reminders no response was filed by the petitioner. The show cause notice issued was very clear and specific pointing out the discrepancies and calling upon the petitioner to show cause as to why the tax penalty and interest as indicated be not imposed. The table at page 38 of the writ petition clearly indicates the amount of interest and the penalty as per CGST Act 2017 and the amount of tax based on show cause notice. When the response was not filed the order impugned was passed. In the order the authority has noticed the allegations made in show cause notice and has clearly reiterated the discrepancies as pointed out in the show cause notice and in absence of any response has levied the tax as indicated in the show cause notice. Once the response was not filed the authority was not required to raise probable grounds which the assessee could raise and deal with the same. The authority was required to apply its mind to the show cause notice and substantiate the same with the material available on record and was not required to simply make reference to the notices issued under Sections 61 and 73 of the Act as laid down by this Court in M/s New Manoj Medical Store Vs. State of U.P. and 2 others 2025 (4) TMI 489 - ALLAHABAD HIGH COURT . In the present case the authority has recorded sufficient reasons for coming to the conclusion that the petitioner was liable to pay the tax penalty and interest. Conclusion - The authority is justified in passing the order in the absence of a response from the petitioner. There are no reason to interfere with the order impugned. The petition has no substance the same is therefore dismissed.
ISSUES PRESENTED and CONSIDERED
The core legal questions considered in this judgment include:
ISSUE-WISE DETAILED ANALYSIS 1. Compliance with Sections 75(6) and 75(7) of the Act Relevant legal framework and precedents: Section 75(6) of the Goods and Services Tax Act, 2017, mandates that any order passed under the Act must contain reasons for the conclusions reached. Section 75(7) requires that any notice for penalty must clearly indicate the amount of penalty proposed. Court's interpretation and reasoning: The Court found that the order in question was "speaking in nature" and contained sufficient reasons for the conclusions reached. The authority had reiterated the discrepancies noted in the show cause notice and substantiated the same with the material available on record. The Court referenced a precedent where it was established that authorities need not anticipate potential defenses that an assessee might raise in the absence of a response. Key evidence and findings: The show cause notice clearly pointed out the discrepancies and called upon the petitioner to show cause why the tax, penalty, and interest should not be imposed. The table included in the writ petition indicated the amounts for tax, interest, and penalty as per the CGST Act, 2017. Application of law to facts: The Court applied the provisions of Sections 75(6) and 75(7) to the facts, noting that the order contained sufficient reasons and that the notice had adequately indicated the imposition of penalty as per the CGST Act, 2017. Treatment of competing arguments: The petitioner argued that the order lacked reasoning and that the penalty was imposed without proper notice. The respondents contended that the order was justified due to the petitioner's failure to respond to the notices. The Court sided with the respondents, finding no merit in the petitioner's arguments. Conclusions: The Court concluded that the order complied with Sections 75(6) and 75(7) of the Act, as it contained sufficient reasoning and the notice adequately indicated the imposition of penalty. 2. Adequacy of Notice for Imposition of Penalty Relevant legal framework and precedents: Section 73 of the Act requires that a show cause notice be issued to the taxpayer, indicating the discrepancies and calling for an explanation. Court's interpretation and reasoning: The Court found that the show cause notice issued under Section 73 was clear and specific, pointing out the discrepancies and indicating the imposition of tax, penalty, and interest as per the CGST Act, 2017. Key evidence and findings: The show cause notice included a table that detailed the amounts of tax, interest, and penalty. The notice also stated that the penalty would be levied "as per CGST Act, 2017," fulfilling the requirement of Section 75(7). Application of law to facts: The Court applied the provisions of Section 73, noting that the notice was adequate in informing the petitioner of the potential imposition of penalty. Treatment of competing arguments: The petitioner claimed that the notice did not adequately indicate the penalty amount. The respondents argued that the notice was clear in its intent to impose a penalty. The Court agreed with the respondents. Conclusions: The Court concluded that the notice was adequate and fulfilled the requirements of Section 75(7) regarding the indication of penalty. 3. Justification for Passing the Order in Absence of Response Relevant legal framework and precedents: The Act allows authorities to pass orders based on the material available when a taxpayer fails to respond to notices. Court's interpretation and reasoning: The Court noted that the petitioner did not respond to multiple notices and reminders. As such, the authority was justified in passing the order based on the available record. Key evidence and findings: The petitioner failed to respond to notices issued under Sections 61 and 73, as well as subsequent reminders. Application of law to facts: The Court applied the provisions that allow authorities to proceed in the absence of a response, finding that the authority acted appropriately. Treatment of competing arguments: The petitioner did not provide any substantial argument against the authority's decision to proceed without a response. The respondents maintained that the authority acted within its rights, and the Court agreed. Conclusions: The Court concluded that the authority was justified in passing the order in the absence of a response from the petitioner. SIGNIFICANT HOLDINGS Preserve verbatim quotes of crucial legal reasoning: "The authority has recorded sufficient reasons for coming to the conclusion that the petitioner was liable to pay the tax, penalty and interest." Core principles established: Authorities are not required to anticipate potential defenses in the absence of a response. Notices that indicate penalties "as per CGST Act, 2017" fulfill statutory requirements. Final determinations on each issue: The Court dismissed the petition, finding that the order complied with statutory requirements and that the petitioner had been adequately notified of the penalties. The authority's decision to proceed without a response was justified.
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