The Doctrine of Natural Justice in GST Proceedings: A Case Study on Show Cause Notice u/s 74"

Deciphering Legal Judgments: A Comprehensive Analysis of the High Court Judgment on Quashing of Show Cause Notice u/s 74 of CGST Act

Reported as:

2024 (9) TMI 1644 - ALLAHABAD HIGH COURT

Introduction

This article provides a comprehensive analysis of a recent judgement delivered by the High Court concerning the quashing of a Show Cause Notice issued u/s 74 of the Central Goods and Services Tax (CGST) Act, 2017. The case revolves around the petitioner, a public limited company, challenging the validity of the Show Cause Notice issued by the Deputy Commissioner, State Tax, NOIDA, U.P., alleging excessive availing of Input Tax Credit (ITC).

Arguments Presented

Petitioner's Arguments

The petitioner's counsel argued that:

• Proceedings u/s 73 of the CGST Act were previously initiated against the petitioner for the same issue of excessive ITC availed. After considering the petitioner's reply and verifying the documents and amounts, the proceedings were dropped vide order dated 30.12.2023.
• Sections 73 and 74 of the CGST Act operate in different circumstances. Section 73 covers cases of wrongly availed or utilized ITC for reasons other than fraud or willful misstatement or suppression of facts, while Section 74 applies when ITC has been wrongly availed or utilized due to fraud, willful misstatement, or suppression of facts.
• The impugned Show Cause Notice dated 03.08.2024, issued u/s 74, does not mention that the petitioner has wrongly availed or utilized ITC due to fraud, willful misstatement, or suppression of facts. Therefore, the proceedings u/s 74 are without jurisdiction.
• The petitioner relied on various Supreme Court judgments, including UNION OF INDIA Versus HINDALCO INDUSTRIES - 2003 (4) TMI 97 - Supreme Court, RAJ BAHADUR NARAIN SINGH SUGAR MILLS LTD. Versus UNION OF INDIA - 1996 (7) TMI 146 - Supreme Court, and COLLECTOR OF CENTRAL EXCISE Versus H.M.M. LIMITED - 1995 (1) TMI 70 - Supreme Court, to support their arguments.

Respondent's Arguments

The respondent's counsel argued that:

• Initially, proceedings against the petitioner u/s 73 were dropped, but later, the adjudicating authority found that the petitioner had availed or utilized excessive ITC by suppressing material facts, leading to the initiation of proceedings u/s 74.
• The petitioner approached the High Court at the stage of the Show Cause Notice, and therefore, the writ petition is not maintainable. The petitioner should raise all points before the adjudicating authority.

Discussions and Findings of the Court

The Court made the following observations and findings:

• Section 73 of the CGST Act covers cases of wrongly availed or utilized ITC for reasons other than fraud or willful misstatement or suppression of facts, while Section 74 applies when ITC has been wrongly availed or utilized due to fraud, willful misstatement, or suppression of facts.
• Once proceedings u/s 73 have been finalized, they cannot be reopened u/s 74 unless the adjudicating authority is prima facie satisfied that the petitioner has availed or utilized ITC due to fraud, willful misstatement, or suppression of facts.
• For deriving jurisdiction u/s 74, the adjudicating authority must expressly mention in the Show Cause Notice that they are prima facie satisfied that the person has wrongly availed or utilized ITC due to fraud, willful misstatement, or suppression of facts.
• The impugned Show Cause Notice does not contain any mention of the petitioner having wrongly availed or utilized ITC due to fraud, willful misstatement, or suppression of facts. Therefore, the proceedings u/s 74 are without jurisdiction.
• The Court relied on the Supreme Court judgments in RAJ BAHADUR NARAIN SINGH SUGAR MILLS LTD. Versus UNION OF INDIA - 1996 (7) TMI 146 - Supreme Court and COLLECTOR OF CENTRAL EXCISE Versus H.M.M. LIMITED - 1995 (1) TMI 70 - Supreme Court, which emphasized the requirement of natural justice and the need to put the assessee to notice regarding the specific allegation under the proviso to extend the period of limitation.

Analysis and Decision by the Court

The Court analyzed the arguments presented by both parties and made the following observations:

• The petitioner had previously availed CENVAT Credit under the CENVAT Credit Rules, 2004, which was transferred as ITC under the GST regime upon its implementation on 01.07.2017.
• Proceedings u/s 73 were initiated against the petitioner for the same issue of excessive ITC availed, but after considering the petitioner's reply and verifying the documents and amounts, the proceedings were dropped vide order dated 30.12.2023.
• The impugned Show Cause Notice dated 03.08.2024, issued u/s 74, does not mention that the petitioner has wrongly availed or utilized ITC due to fraud, willful misstatement, or suppression of facts, which is a basic ingredient for initiating proceedings u/s 74.
• The Court held that the entire exercise, including the Show Cause Notice, is without jurisdiction and maintainable under Article 226 of the Constitution of India.

Based on the analysis, the Court allowed the writ petition and quashed the impugned Show Cause Notice dated 03.08.2024. However, the Court left it open for the respondent to initiate fresh proceedings u/s 74 of the CGST Act against the petitioner by issuing a fresh Show Cause Notice containing the basic ingredients regarding fraud, willful misstatement, or suppression of facts to evade tax, if they exist.

Doctrine or Legal Principle Discussed

The judgement primarily discussed and deliberated on the doctrine of natural justice and the requirement of putting the assessee to notice regarding the specific allegation under the proviso to extend the period of limitation. The Court relied on the principles laid down by the Supreme Court in RAJ BAHADUR NARAIN SINGH SUGAR MILLS LTD. Versus UNION OF INDIA - 1996 (7) TMI 146 - Supreme Court and COLLECTOR OF CENTRAL EXCISE Versus H.M.M. LIMITED - 1995 (1) TMI 70 - Supreme Court, which emphasized the need for the Show Cause Notice to specifically mention the allegation against the assessee falling within the purview of the proviso.

Comprehensive Summary

The High Court, in this judgement, quashed the Show Cause Notice issued u/s 74 of the CGST Act, 2017, against the petitioner, a public limited company, for allegedly availing excessive Input Tax Credit (ITC). The Court found that the impugned Show Cause Notice lacked the basic ingredients required to initiate proceedings u/s 74, as it did not mention that the petitioner had wrongly availed or utilized ITC due to fraud, willful misstatement, or suppression of facts.

The Court analyzed the provisions of Sections 73 and 74 of the CGST Act and observed that Section 73 covers cases of wrongly availed or utilized ITC for reasons other than fraud or willful misstatement or suppression of facts, while Section 74 applies when ITC has been wrongly availed or utilized due to fraud, willful misstatement, or suppression of facts. The Court emphasized that once proceedings u/s 73 have been finalized, they cannot be reopened u/s 74 unless the adjudicating authority is prima facie satisfied that the petitioner has availed or utilized ITC due to fraud, willful misstatement, or suppression of facts.

The Court relied on the principles laid down by the Supreme Court in RAJ BAHADUR NARAIN SINGH SUGAR MILLS LTD. Versus UNION OF INDIA - 1996 (7) TMI 146 - Supreme Court and COLLECTOR OF CENTRAL EXCISE Versus H.M.M. LIMITED - 1995 (1) TMI 70 - Supreme Court, which highlighted the requirement of natural justice and the need to put the assessee to notice regarding the specific allegation under the proviso to extend the period of limitation.

Consequently, the Court allowed the writ petition and quashed the impugned Show Cause Notice dated 03.08.2024, leaving it open for the respondent to initiate fresh proceedings u/s 74 of the CGST Act against the petitioner by issuing a fresh Show Cause Notice containing the basic ingredients regarding fraud, willful misstatement, or suppression of facts to evade tax, if they exist.

Full Text:

2024 (9) TMI 1644 - ALLAHABAD HIGH COURT