2025 (4) TMI 727 - HC - GST

Valid service of notice or not - service of the Show Cause Notice (SCN) under the heading Additional Notices on the GST portal constitutes sufficient compliance with the requirements of service under Section 169 of the Central Goods and Services Tax Act 2017 - principles of natural justice - HELD THAT - This Court is of the view that following the earlier decisions passed by this Court the Petitioner herein also deserves to be given an opportunity to reply to the Show Cause Notice. The matter is remanded back to the concerned Department for fresh consideration after providing an opportunity of hearing to the Petitioner. The Petitioner is at liberty to file a response to the impugned Show Cause Notice within a period of 30 days - petition allowed by way of remand.

Summary

ISSUES PRESENTED and CONSIDERED

The primary legal questions considered in this judgment include:

1. Whether the service of the Show Cause Notice (SCN) under the heading 'Additional Notices' on the GST portal constitutes sufficient compliance with the requirements of service under Section 169 of the Central Goods and Services Tax Act, 2017.

2. Whether the Petitioner is entitled to an opportunity to respond to the SCN and be granted a personal hearing before any order is passed.

3. Whether the Petitioner can be permitted to file a statutory appeal under Section 107 of the CGST/SGST Act, 2017 after condonation of delay.

ISSUE-WISE DETAILED ANALYSIS

1. Sufficiency of Service of Show Cause Notice

Relevant legal framework and precedents: The relevant legal framework is Section 169 of the Central Goods and Services Tax Act, 2017, which outlines the modes of service of notice. The precedents considered include the judgments in Kamla Vohra v. Sales Tax Officer Class II and ACE Cardiopathy Solutions (P.) Ltd. v. Union of India.

Court's interpretation and reasoning: The Court interpreted Section 169 to mean that the mere uploading of a notice under 'Additional Notices' does not satisfy the service requirements. The Court relied on previous judgments, which emphasized that notices should be accessible and placed under appropriate headings to ensure proper service.

Key evidence and findings: The Petitioner argued that the SCN was uploaded under 'Additional Notices,' which was not easily accessible. This claim was supported by the precedent cases where similar issues were raised.

Application of law to facts: The Court applied the principles established in the previous judgments to the current case, determining that the service of the SCN was inadequate as it was not properly categorized.

Treatment of competing arguments: The Respondents did not appear to contest the Petitioner's claims, and the Court found the Petitioner's arguments consistent with the established legal precedents.

Conclusions: The Court concluded that the service of the SCN was insufficient and warranted setting aside the impugned order.

2. Opportunity to Respond and Personal Hearing

Relevant legal framework and precedents: The principles of natural justice require that parties be given an opportunity to present their case. The precedents in Kamla Vohra and ACE Cardiopathy Solutions supported this requirement.

Court's interpretation and reasoning: The Court emphasized the importance of allowing the Petitioner to respond to the SCN and be heard, aligning with the principles of natural justice.

Key evidence and findings: The lack of proper service of the SCN justified granting the Petitioner an opportunity to respond and be heard.

Application of law to facts: The Court applied the principles of natural justice, determining that the Petitioner should be allowed to submit a response and be granted a hearing.

Treatment of competing arguments: There were no competing arguments presented by the Respondents.

Conclusions: The Court concluded that the Petitioner should be given an opportunity to respond to the SCN and be heard by the concerned authority.

3. Filing of Statutory Appeal

Relevant legal framework and precedents: Section 107 of the CGST/SGST Act, 2017, provides for the filing of appeals. The Court did not delve deeply into this issue as it was rendered moot by the remand of the case.

Court's interpretation and reasoning: The Court did not directly address this issue in detail, as the remand for fresh consideration addressed the Petitioner's immediate concerns.

Key evidence and findings: The Court focused on the procedural irregularity in the service of the SCN rather than the appeal process.

Application of law to facts: The remand for fresh adjudication rendered the need for an immediate appeal unnecessary.

Treatment of competing arguments: No competing arguments were presented regarding the appeal process.

Conclusions: The Court did not make a specific determination on this issue, as the remand addressed the Petitioner's concerns.

SIGNIFICANT HOLDINGS

The Court held that:

"The impugned order dated 22.12.2023 is set aside. The matter is remanded back to the concerned Department for fresh consideration after providing an opportunity of hearing to the Petitioner. The Petitioner is at liberty to file a response to the impugned Show Cause Notice within a period of 30 days."

Core principles established: The judgment reinforced the principle that proper service of notices is crucial and must comply with statutory requirements to ensure parties have a fair opportunity to respond. It also underscored the importance of adhering to the principles of natural justice by allowing parties to be heard.

Final determinations on each issue: The Court determined that the service of the SCN was inadequate, necessitating the setting aside of the impugned order and remanding the matter for fresh adjudication with an opportunity for the Petitioner to respond and be heard.