2025 (5) TMI 545 - HC - GST

Violation of principles of natural justice - ex-parte assessment order passed without providing sufficient and reasonable opportunity to the petitioner - HELD THAT - A perusal of the material on record would indicate that the petitioner did not submit its reply to the show cause notice as a result of which respondent No. 2 proceeded to pass the impugned ex-parte adjudication order at Annexure-D dated 30.05.2023. Subsequently the petitioner having filed an appeal under Section 107 before respondent No. 1 - Appellate Authority the same came to be dismissed vide Annexure-A dated 23.11.2023 on the sole ground of limitation without adverting to the merits of the claim of the petitioner. In the case on hand the material on record discloses that the petitioner did not submit a reply to the aforesaid show cause notice which culminated in the impugned ex-parte assessment adjudication order. Under these circumstances by adopting justice oriented approach and in order to provide one more opportunity to the petitioner to submit a reply to the show cause notice and contest the proceedings it is deemed just and appropriate to set aside Annexures-A D K and L and remit the matter back to respondent No. 2 for re-consideration afresh in accordance with law. The matter is remitted back to respondent No. 2 to the stage of the petitioner submitting reply to the show cause notice for re-consideration afresh in accordance with law - petition allowed by way of remand.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court include:

- Whether the impugned ex-parte assessment order passed under Section 73(9) of the KGST Act, without providing the petitioner a reasonable opportunity to respond to the show cause notice, is valid.

- Whether the dismissal of the petitioner's appeal by the Appellate Authority on the ground of limitation under Section 107(4) of the KGST Act bars the High Court from exercising jurisdiction under Article 226 of the Constitution of India.

- Whether the petitioner is entitled to condonation of delay in filing the appeal and reopening of the appeal for reconsideration on merits.

- Whether the writ certiorari order and attachment notice issued by the respondents are liable to be quashed.

- Whether the petitioner, a society supplying food supplements to Anganwadi Centres and schools, should be granted an opportunity to seek revocation of GST cancellation due to bona fide reasons and unavoidable circumstances.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of the ex-parte assessment order passed under Section 73(9) of the KGST Act without providing reasonable opportunity

Relevant legal framework and precedents: Section 73(9) of the KGST Act mandates that before passing an assessment order, the concerned authority must provide an opportunity to the assessee to be heard. The principle of natural justice requires that no order be passed without affording a reasonable opportunity to the affected party. The Court referred to precedents where ex-parte orders were set aside for failure to provide such opportunity.

Court's interpretation and reasoning: The Court observed that the petitioner had not submitted a reply to the show cause notice due to bona fide reasons and unavoidable circumstances. The ex-parte order was passed without allowing the petitioner to contest the proceedings. The Court emphasized the importance of providing a fair opportunity before passing adverse orders.

Key evidence and findings: The petitioner's assertion of sufficient cause and bona fide reasons for non-submission of reply was accepted. The material on record indicated the petitioner's intention to comply and contest the proceedings if given an opportunity.

Application of law to facts: Applying the principles of natural justice and statutory requirements, the Court held that the impugned ex-parte order was not sustainable as it was passed without affording reasonable opportunity.

Treatment of competing arguments: The respondents contended that the petitioner failed to submit the reply and thus the order was valid. The Court, however, found merit in the petitioner's explanation and held that justice-oriented approach warranted setting aside the order.

Conclusion: The ex-parte assessment order under Section 73(9) was set aside and the matter remitted for fresh consideration after providing opportunity to the petitioner.

Issue 2: Effect of dismissal of appeal on ground of limitation on High Court's jurisdiction under Article 226

Relevant legal framework and precedents: Section 107(4) of the KGST Act prescribes a limitation period for filing appeals. The Court referred to precedents including M/s Chamarajnagar Taluk MSPC and others, which held that dismissal of an appeal as barred by limitation does not result in merger of the original order and does not oust the High Court's jurisdiction under Article 226.

Court's interpretation and reasoning: The Court reiterated that if an appeal is dismissed solely on limitation grounds without examining merits, it is not an appeal in the eye of law. Therefore, the original order remains amenable to judicial review under Article 226.

Key evidence and findings: The appeal filed by the petitioner was dismissed as barred by limitation without consideration of merits. This fact was pivotal in the Court's reasoning.

Application of law to facts: The Court applied the principle that limitation-based dismissal does not preclude High Court jurisdiction to entertain writ petitions challenging the original order.

Treatment of competing arguments: The respondents argued that the dismissal of appeal barred further challenge. The Court rejected this, emphasizing the non-merger principle and the availability of constitutional remedy.

Conclusion: The High Court retained jurisdiction to examine the legality of the original order notwithstanding dismissal of appeal on limitation grounds.

Issue 3: Condonation of delay and reopening of appeal for reconsideration on merits

Relevant legal framework and precedents: The Court examined provisions relating to limitation and condonation of delay under the KGST Act and allied rules. Precedents cited include cases where delay was condoned for sufficient cause, especially when bona fide reasons and unavoidable circumstances were shown.

Court's interpretation and reasoning: The Court found that the petitioner had sufficient cause for delay and was willing to pay outstanding dues with interest. Given the petitioner's societal role and the nature of supplies, the Court deemed it just to allow reconsideration on merits.

Key evidence and findings: Petitioner's assertion of bona fide reasons, readiness to comply with tax dues, and societal role were critical.

Application of law to facts: The Court exercised discretion to condone delay and ordered reopening of the appeal for fresh consideration.

Treatment of competing arguments: Respondents opposed condonation, but the Court prioritized substantive justice over procedural technicalities.

Conclusion: The appeal was ordered to be reopened and reconsidered on merits after condoning delay.

Issue 4: Quashing of writ certiorari order and attachment notice

Relevant legal framework: The issuance of writ certiorari and attachment notices must conform to principles of natural justice and statutory provisions.

Court's interpretation and reasoning: Since the underlying ex-parte order was set aside and the appeal reopened, consequential orders including writ certiorari and attachment notices were also quashed to restore the status quo and prevent prejudice to petitioner.

Application of law to facts: The Court's setting aside of impugned orders logically extended to quashing related writ certiorari and attachment notices.

Conclusion: The writ certiorari order and attachment notice were quashed.

Issue 5: Grant of opportunity for revocation of GST cancellation in special circumstances

Relevant legal framework and precedents: The Court referred to precedents where GST registration cancellation was set aside and revocation considered when petitioners demonstrated bona fide reasons and public interest considerations.

Court's interpretation and reasoning: The petitioner, being a society supplying food supplements to Anganwadi Centres and schools, had a socially significant role. The Court recognized the exceptional facts and held that petitioner deserved an opportunity to seek revocation of GST cancellation.

Key evidence and findings: Petitioner's status as a registered society, its supply to government welfare schemes, and explanation for delay were pivotal.

Application of law to facts: The Court exercised its equitable jurisdiction to set aside cancellation and remit the matter for fresh consideration.

Conclusion: The petitioner was granted liberty to file pleadings and seek revocation of GST cancellation with opportunity to be heard.

3. SIGNIFICANT HOLDINGS

"If an appeal is dismissed as barred by limitation, it is no appeal in the eye of law and dismissal of the appeal as barred by limitation would not result in merger of the order of the original authority into the order of the Appellate Authority."

"Merely because appeal preferred by the petitioner was dismissed by the Appellate Authority on limitation grounds, it cannot be said that this Court is denuded of its power and jurisdiction to examine the claim of the petitioner under Article 226 of the Constitution of India."

"The impugned ex-parte order passed without providing reasonable opportunity to the petitioner is not sustainable in law and deserves to be set aside."

"In the peculiar and special facts and circumstances of the instant case, it is just and appropriate to set aside the impugned order and remit the matter back to the original authority for reconsideration after providing sufficient and reasonable opportunity to the petitioner."

"The writ certiorari order and attachment notice issued consequential to the impugned orders are also liable to be quashed."

"The petitioner shall appear before the respondent authority on the specified date without awaiting further notice, failing which the present order shall stand automatically revoked and the petition revived."