Confirmation of GST demand by adjudicating Show Cause notice u/s 73: Procedural Requirements and Fair Hearing

Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2023 (11) TMI 1205 - MADHYA PRADESH HIGH COURT

I. Introduction

This analysis delves into a significant judgment by the Madhya Pradesh High Court, focusing on the interpretation and application of Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act). The judgment centers on the procedural aspects of issuing a show cause notice and the principles of natural justice in the context of tax demands.

II. Factual Background

The case involves a writ petition challenging a show cause notice and a subsequent order of demand, both issued under Section 73 of the CGST Act. The petitioner contended that the show cause notice was not self-contained and lacked adequate material, thereby violating the principle of audi alteram partem (hear the other side). Additionally, the petitioner argued that the notice did not provide a reasonable opportunity to respond, as the order was issued within nine days of the notice, significantly less than the 30 days typically allowed.

III. Legal Issues

1. Validity of the Show Cause Notice and Order of Demand: The court examined whether the procedural requirements for issuing a show cause notice under Section 73 of the CGST Act were complied with.
2. Principle of Audi Alteram Partem: The court considered whether the petitioner was provided with a reasonable opportunity to respond to the show cause notice.

IV. Court's Analysis and Findings

1. Procedural Irregularities in Issuing Notice:

   • Time Frame for Response: The court noted that the petitioner was given only nine days to respond to the show cause notice, which is contrary to the concept of a reasonable opportunity. The court opined that a minimum of 15 days, ideally 30 days as per Section 73(8) of the CGST Act, should be given for responding.
   • Content of the Show Cause Notice: The court observed that the notice must be self-contained and provide sufficient material to enable the recipient to respond effectively. The notice in question was found to be lacking in this respect.

2. Violation of Natural Justice:

   • The court underscored the importance of adhering to the principle of audi alteram partem, emphasizing that an opportunity for a fair hearing is fundamental to justice. The procedural haste and lack of detailed content in the show cause notice were seen as violations of this principle.

V. Court's Decision

The court set aside the impugned show cause notice and order of demand, granting liberty to the Revenue to issue a new, legally valid notice. The petitioner was also awarded costs for the litigation, quantified at Rs. 10,000/- (Rupees Ten Thousand) which shall be paid by respondents by depositing the same in the bank account of petitioner.

Full Text:

2023 (11) TMI 1205 - MADHYA PRADESH HIGH COURT