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2025 (4) TMI 1378 - HC - GSTViolation of principles of natural justice - date of filing reply and the date of personal hearing - demand raised by the tax authority in excess of the amount specified in the SCN - violation of provisions of Section 75(7) of the Goods and Services Tax Act 2017 - HELD THAT - A perusal of Section 75 deals with general provisions relating to determination of tax and sub-section (7) specifically stipulates that the amount of tax interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice. Admittedly in the present case the show-cause notice merely indicates the amount of Rs. 13, 36, 793/- as representing the tax interest and penalty and the demand qua the three components has been raised at Rs. 63, 51, 001/- which is ex facie contrary to the provisions of Section 75(7) of the Act. So far as the plea pertaining to not providing any opportunity of hearing is concerned once it is the case of the petitioner that he was unaware of the issuance of the show-cause notice and the reminder the fact that in the notices issued to the petitioner the date of filing of reply and date of personal hearing were the same looses its significance and it cannot be said that on account of such indications the notice on its own would stand vitiated. On account of violation of provisions of Section 75(7) of the Act the order impugned cannot be sustained Conclusion - The impugned order raising a demand far exceeding the amount specified in the show-cause notice was in direct violation of Section 75(7) of the Act and therefore unsustainable. The matter is remanded back to the respondent no. 2 to provide an opportunity to the petitioner to file response to the show-cause notice and after providing opportunity of hearing pass a fresh order in accordance with law - Petition allowed by way of remand.
The core legal questions considered in this judgment are:
Issue 1: Validity of demand exceeding the amount specified in the show-cause notice under Section 75(7) of the Act The relevant legal provision is Section 75(7) of the Goods and Services Tax Act, 2017, which explicitly states that the amount of tax, interest, and penalty demanded in the order shall not exceed the amount specified in the notice, and no demand shall be confirmed on grounds other than those specified in the notice. The Court examined the show-cause notice issued to the petitioner, which specified a demand of Rs. 13,36,793/- comprising tax, interest, and penalty. However, the impugned order raised a demand of Rs. 63,51,001/-, which was significantly higher than the amount mentioned in the notice. This discrepancy was found to be a clear violation of Section 75(7), as the order raised a demand beyond the scope of the original notice. The Court emphasized that the statutory provision is mandatory and prohibits confirming any demand exceeding the notice amount or on grounds not mentioned therein. Accordingly, the Court held that the impugned order could not be sustained on this ground alone, as it contravened the statutory mandate. Issue 2: Alleged violation of principles of natural justice due to fixing the same date for filing reply and personal hearing The petitioner contended that the show-cause notice required filing a reply and attending a personal hearing on the same date, which violated the principles of natural justice. The petitioner argued that this procedural flaw rendered the notice and subsequent order invalid. The Court reviewed this contention in light of the facts that the petitioner claimed unawareness of the issuance of the show-cause notice and the reminder. The Court observed that if the petitioner was unaware of the notice and reminder, the procedural defect of fixing the same date for reply and hearing loses significance. The Court further noted that the mere indication of the same date for filing reply and hearing in the notice does not automatically vitiate the notice or the proceedings. The Court did not find sufficient grounds to hold that the principles of natural justice were violated solely on this basis. Issue 3: Effect of petitioner's non-appearance and non-filing of response on the validity of the order The respondent submitted that the petitioner's failure to appear or file a response despite issuance of the show-cause notice and reminder justified passing the order without further opportunity, and that such action was not violative of natural justice. The Court acknowledged this submission but clarified that the statutory requirement under Section 75(7) regarding the quantum and grounds of demand remains inviolable regardless of the petitioner's non-response. The Court implicitly indicated that non-appearance does not empower the authority to exceed the limits prescribed in the notice. Issue 4: Authority to demand interest and penalty beyond the show-cause notice The respondent argued that charging interest and penalty is a statutory obligation and can be demanded irrespective of whether the same was explicitly indicated in the show-cause notice. The Court rejected this argument by reference to the express language of Section 75(7), which mandates that the demand in the order, including tax, interest, and penalty, cannot exceed the amount specified in the notice. Thus, the authority's power to demand interest and penalty is circumscribed by the limits set in the notice. Conclusions on Issues The Court concluded that the impugned order raising a demand far exceeding the amount specified in the show-cause notice was in direct violation of Section 75(7) of the Act and therefore unsustainable. The procedural objection regarding the same date for reply and hearing was not found to be sufficient to vitiate the proceedings, given the petitioner's admitted unawareness of the notices. Accordingly, the Court quashed and set aside the impugned order dated 23.04.2024 and remanded the matter to the tax authority to provide the petitioner an opportunity to file a response to the show-cause notice and to pass a fresh order strictly in accordance with law. Significant Holdings The Court emphasized the mandatory nature of Section 75(7) of the GST Act by stating verbatim:
This principle was applied strictly to invalidate the impugned order which raised demand beyond the notice amount. The Court also held that procedural irregularities concerning the date fixed for filing reply and hearing do not automatically vitiate proceedings if the party was unaware of the notice, thereby underscoring the importance of actual notice and opportunity over mere procedural technicalities. Finally, the Court clarified that statutory charges such as interest and penalty must still be confined within the limits of the notice, reinforcing the protective scope of Section 75(7).
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