Pre-deposit: Upholding Principles of Natural Justice in CGST Appeals 2024 (11) TMI 781 - BOMBAY HIGH COURT - HC

Deciphering Legal Judgments: A Comprehensive Analysis of Judgment of High Court on Consistency in Judicial Approach to CGST Appeal Dismissals Reported as: 2024 (11) TMI 781 - BOMBAY HIGH COURT INTRODUCTION This case deals with the dismissal of the Petitioner's appeal by the Appellate Authority (Respondent No. 2) under the Central Goods and Services Tax (CGST) Act, 2017 . The core legal issues presented are: Whether the Petitioner complied with the mandatory pre-deposit requirement of 10% of the disputed tax amount u/s 107(6) of the CGST Act . Whether the Petitioner submitted valid documents to establish that the person signing the appeal was an authorized signatory under the Companies Act, 1956 . ARGUMENTS PRESENTED The Petitioner contended that they had paid the pre-deposit amount of Rs. 4,42,55,474/- (10% of the disputed tax amount) while filing the appeal before Respondent No. 2. They relied on the following evidence: The memorandum of appeal ( Form APL-01 ) specifying the pre-deposit amount paid. Screenshots from the GSTN portal showing payments made from the Electronic Credit Ledger and Electronic Cash Ledger totaling Rs. 4,42,55,474/-. The system-generated provisional acknowledgment of the appeal reflecting the pre-deposit payment. Regarding the authorized signatory issue, the Petitioner relied on a screenshot from the GSTN portal reflecting that Mr. Deepak Kokate was duly authorized to sign the appeal documents. COURT DISCUSSIONS AND FINDINGS The High Court evaluated the evidence presented by the Petitioner and found it sufficient to establish compliance with the pre-deposit requirement u/s 107(6) of the CGST Act. The Court observed that if Respondent No. 2 had any doubts, they should have provided the Petitioner with an opportunity to clarify and prove the payments made. Concerning the authorized signatory issue, the Court noted that to be registered as an authorized signatory on the GSTN portal, a person must submit the relevant board resolution or power of attorney. The Court found that Mr. Deepak Kokate was duly authorized to sign the appeal documents based on the GSTN portal information. The Court relied on its previous decisions in similar cases, such as TATA CONSUMER PRODUCTS LTD. VERSUS UNION OF INDIA and other cases, where it had set aside orders passed by the Appellate Authority and remanded the matters for de novo consideration due to similar issues. ANALYSIS AND DECISION The High Court concluded that Respondent No. 2 had erred in dismissing the Petitioner's appeal on the grounds of non-compliance with the pre-deposit requirement and lack of valid documents establishing the authorized signatory. The Court quashed the impugned order and remanded the matter to Respondent No. 2 for de novo consideration. The Court directed Respondent No. 2 to provide the Petitioner with a personal hearing, with at least five working days' notice, and to pass a reasoned order dealing with all the Petitioner's submissions. The Court also instructed Respondent No. 2 to dispose of the appeal by December 31, 2024, and to keep all rights and contentions open to the parties. DOCTRINAL ANALYSIS The Court's decision highlights the importance of adhering to principles of natural justice and fair procedure in administrative proceedings. The Court emphasized that if the Appellate Authority had doubts regarding the Petitioner's compliance with statutory requirements or the authority of the signatory, it should have provided the Petitioner with an opportunity to clarify and furnish the necessary documents. The Court's reliance on its previous decisions in similar cases reinforces the legal principle of consistency and predictability in judicial decision-making. The Court applied the same reasoning and approach as in previous cases, ensuring uniformity in the interpretation and application of the relevant legal provisions. The Court's directive to Respondent No. 2 to pass a reasoned order dealing with all the Petitioner's submissions underscores the importance of transparency and reasoned decision-making in administrative proceedings. This requirement ensures that the parties are aware of the basis for the decision and can effectively exercise their right to appeal, if necessary. Overall, this case reaffirms the principles of natural justice, fair procedure, consistency in judicial decision-making, and reasoned administrative decision-making in the context of tax appeals under the CGST Act . Full Text : 2024 (11) TMI 781 - BOMBAY HIGH COURT