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2025 (5) TMI 1676 - HC - GSTValidity of rejection of appeal on the ground of declaration in Form GST PMT-03 - Delay in preferring the appeal - rejection of the refund application without issuance of a show cause notice - cancellation of the petitioner s registration - restoration of registration with retrospective effect - entitlement to the benefit of refund alongwith interest - HELD THAT - It appears that the appellate authority had also rejected the appeal on the ground of delay. It is unfortunate that the petitioner has been made to suffer for no fault of his own. At the first instance the respondents appears to have cancelled the petitioner s registration and immediately thereafter had proceeded to cancel the petitioner s refund application amounting to Rs.97, 45, 520/- even without a show-cause. Subsequently at the instance of the petitioner when the petitioner s registration under the said Act was restored by an order dated 28th March 2022 with effect from 25th October 2019 ordinarily the petitioner s refund application ought to have been restored as well since the only ground for rejection of such application was cancellation of the petitioner s registration. The matter did not stop there. The petitioner had to run from pillar to post. Despite the above the petitioner did not succeed even after filing of an application in Form GST PMT-03 by providing an undertaking that the petitioner shall not file an appeal from the order to be passed thereon. When the respondents did not take any steps in the matter and did not credit the aforesaid amount the petitioner approached the appellate authority from the original order of rejection. The appellate authority appears to have dealt with the matter in a reckless manner and appears to have rejected the appeal on the ground that the petitioner had given an undertaking while filing Form PMT-03 that he shall not prefer an appeal from the determination to be made. The conduct of the concerned respondent is deplorable to say the least. Thus I set aside the order dated 11th December 2023 passed by the appellate authority and remand the matter back to the appellate authority for a fresh hearing on merits. The matter shall not be dealt with the officer concerned who had dealt the matter previously. The appellate authority shall hear out and dispose of the appeal as expeditiously as possible preferably within a period of three weeks from the date of communication of this order by passing a reasoned order and upon giving an opportunity of hearing to the petitioner. Needless to note if the appellate authority is of the view that the petitioner is entitled to the benefit of refund such refund shall carry an appropriate statutory interest and consequent thereupon the entire amount of refund alongwith interest shall be credited to the petitioner s credit ledger forthwith. With the above observations and directions the writ petition is disposed of.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Court include:
2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Validity of rejection of appeal on the ground of declaration in Form GST PMT-03 Relevant legal framework and precedents: Section 107 of the GST Act provides for appeals against orders passed under the Act. The filing of any declaration or undertaking that precludes filing an appeal must be examined in light of the voluntariness and knowledge of the party, as well as the overall principles of natural justice and statutory rights to appeal. Court's interpretation and reasoning: The Court observed that the appellate authority rejected the appeal primarily on the premise that the petitioner had given a declaration in Form GST PMT-03 that no appeal would be preferred. However, the Court found this reasoning to be flawed, considering the circumstances under which the declaration was made - notably, the petitioner was compelled to file Form PMT-03 upon instruction, and the declaration was part of that procedural step rather than a deliberate waiver of statutory rights. Key evidence and findings: The petitioner's filing of Form PMT-03 was done following directions from the revenue authorities after restoration of registration. The petitioner had not received any substantive benefit or resolution, and the declaration was not a free and informed waiver of appeal rights. Application of law to facts: The Court held that the mere presence of such a declaration could not be mechanically applied to bar the petitioner's statutory right to appeal, especially when the petitioner was otherwise prevented from filing a fresh refund application and faced procedural hurdles. Treatment of competing arguments: While the respondents relied on the declaration as a bar, the Court emphasized the need to look beyond formality to substance and fairness, rejecting the respondents' rigid approach. Conclusion: The appellate authority erred in rejecting the appeal solely on the basis of the declaration in Form PMT-03. Issue 2: Legality of rejection of refund application without issuance of show cause notice or opportunity of hearing Relevant legal framework and precedents: Rule 92(3) of the CGST Rules, 2017 mandates issuance of a show cause notice (Form RFD-08) before rejection of refund applications, ensuring the principles of natural justice are followed. Court's interpretation and reasoning: The Court found that the refund application was rejected by the respondents without issuing the requisite show cause notice or affording an opportunity of hearing to the petitioner, which was a clear violation of the statutory procedure. Key evidence and findings: The rejection order in Form GST RFD-06 dated 5th October, 2021 was passed immediately after cancellation of registration, without any show cause notice. Application of law to facts: The Court held that such rejection was unlawful and arbitrary, as the statutory safeguards under Rule 92(3) were not complied with. Treatment of competing arguments: The respondents did not justify the omission of the show cause notice and opportunity of hearing, and the Court found no valid reason to condone this procedural lapse. Conclusion: The rejection of the refund application without following mandatory procedural requirements was invalid. Issue 3: Effect of cancellation and subsequent restoration of registration on refund claim Relevant legal framework and precedents: Under Section 54 of the GST Act, refund claims are contingent on valid registration. Cancellation of registration typically results in rejection of refund claims. However, restoration of registration with retrospective effect raises questions as to the status of refund claims rejected during the period of cancellation. Court's interpretation and reasoning: The Court reasoned that since the petitioner's registration was restored with retrospective effect to a date prior to the refund claim period, the sole ground for rejection of the refund application (cancellation of registration) ceased to exist. Therefore, the refund application ought to have been restored or reconsidered. Key evidence and findings: The registration was cancelled effective from 25th October, 2019, but later restored with effect from the same date by order dated 28th March, 2022. The refund claim related to the period January to March, 2020. Application of law to facts: The Court found that the respondents' failure to restore or reconsider the refund application after registration was reinstated was unjustified and contrary to the principles of equity and statutory intent. Treatment of competing arguments: Respondents did not adequately address the impact of retrospective restoration on the refund claim. Conclusion: The petitioner was entitled to have the refund claim reconsidered in light of the restoration of registration. Issue 4: Delay in filing appeal and its impact on maintainability Relevant legal framework and precedents: Appeals under Section 107 are subject to prescribed time limits. However, courts have discretion to condone delays where sufficient cause is shown, especially when delay is attributable to procedural impediments or official conduct. Court's interpretation and reasoning: The Court observed that the delay of four and a half months in filing the appeal was due to the petitioner's inability to file a fresh refund application and the respondents' inaction. The delay was not attributable to negligence or mala fide conduct by the petitioner. Key evidence and findings: The petitioner was unable to file a fresh refund application for the same period and had to resort to appeal after exhausting other remedies. Application of law to facts: The Court found that the delay should be condoned and that the appeal should be heard on merits rather than rejected on technical grounds. Treatment of competing arguments: The respondents relied on the delay as a ground for rejection, but the Court prioritized substantive justice over procedural technicalities. Conclusion: The delay in filing the appeal was excusable and did not warrant rejection of the appeal. Issue 5: Entitlement to refund with statutory interest Relevant legal framework and precedents: Section 54 of the GST Act provides for refund of Input Tax Credit along with interest where applicable, in cases of wrongful denial or delay. Court's interpretation and reasoning: The Court directed that if the appellate authority finds the petitioner entitled to refund, the refund amount should carry appropriate statutory interest as per law, ensuring full restitution. Key evidence and findings: The petitioner's refund claim was for a substantial amount of Rs. 97,45,520/-, which remained unpaid despite restoration of registration and procedural compliance. Application of law to facts: The Court emphasized the principle that rightful claimants should not be deprived of statutory interest on delayed refunds. Treatment of competing arguments: No substantive opposition to payment of interest was recorded. Conclusion: Refund, if allowed, must include statutory interest. Issue 6: Remand for fresh hearing and non-involvement of previous officers Relevant legal framework and precedents: Principles of natural justice and fair adjudication require that appeals be heard impartially and without bias. Where procedural irregularities or prejudicial conduct is found, remand to a different officer is appropriate. Court's interpretation and reasoning: The Court set aside the appellate authority's order and remanded the matter for fresh hearing on merits, directing that the matter be assigned to an officer other than the one who previously dealt with it, to ensure impartiality and fairness. Key evidence and findings: The appellate authority's handling of the appeal was described as "reckless," and the respondents' conduct was termed "deplorable." Application of law to facts: The Court's directions aimed to restore confidence in the adjudicatory process and ensure just resolution. Treatment of competing arguments: The respondents consented to remand. Conclusion: The appeal must be reheard by a different officer expeditiously and in accordance with law. 3. SIGNIFICANT HOLDINGS "The appellate authority erred in rejecting the appeal solely on the basis of the declaration in Form PMT-03." "The rejection of the refund application without issuance of a show cause notice or opportunity of hearing as mandated under Rule 92(3) of the CGST Rules, 2017, was unlawful." "Since the petitioner's registration was restored with retrospective effect, the refund application ought to have been restored or reconsidered." "Delay in filing the appeal was excusable and did not warrant rejection of the appeal." "If the appellate authority finds the petitioner entitled to refund, the refund shall carry appropriate statutory interest." "The matter is remanded for fresh hearing by an officer other than the
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