Lack of knowledge of proceedings initiated against Assessee due to the death of persons having access to the communication is a valid ground for filing Appeal without insisting upon limitation

[CA Bimal Jain]

The Hon’ble High Court of Madras in the case of M/S. SAMADHU MEDICALS VERSUS THE DEPUTY STATE TAX OFFICER / THE DEPUTY COMMERCIAL TAX OFFICER, VILLUPURAM – I ASSESSMENT CIRCLE, VILLUPURAM - 2023 (12) TMI 1280 - MADRAS HIGH COURT  disposed of the writ petition thereby directing the Revenue Department to hear the appeal to be filed by the Assessee, without insisting upon the aspect of limitation as the Petitioner was not in a position to know about the proceedings initiated against them and the consequential orders passed due to the death of persons having access to the communication with the Revenue Department.

Facts:

The Revenue Department (“the Respondent”) initiated proceedings against the Samadhu Medicals (“the Petitioner”) due to mismatch in Input Tax Credit (“ITC”) between the GSTR-3B return and GSTR-2A statement for the Assessment Year (“AY”) 2019-2020 vide order dated April 12, 2023 (“the Impugned Order”) passed under Section 73 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”).

Aggrieved by the Impugned Order, the Petitioner filed a writ petition before the Hon'ble Madras High Court contending that, the Petitioner was not aware of the proceedings initiated against him as the person who are in possession of mobile number and Email ID provided on the GST Portal for communication i.e. the Petitioner staff member and the GST Consultant died.

Issue:

Whether the Petitioner should be granted leave to file appeal without insisting upon the aspect of limitation when the Petitioner was not in a position to know about the proceedings initiated against them and consequential orders passed due to the death of persons having access to the communication with the Revenue Department?

Held:

The Hon’ble High Court of Madras in the case M/S. SAMADHU MEDICALS VERSUS THE DEPUTY STATE TAX OFFICER / THE DEPUTY COMMERCIAL TAX OFFICER, VILLUPURAM – I ASSESSMENT CIRCLE, VILLUPURAM - 2023 (12) TMI 1280 - MADRAS HIGH COURT held as under:

• Opined that,  the Petitioner was not in a position to know about the proceedings initiated against them and the consequential orders passed. Hence, the Petitioner was not able to file appropriate application and appear before the Respondent Authorities to put forth their case by way of filing reply.
• Held that, the writ petition is disposed.
• Clarified that, the Petitioner has the liberty to approach the Respondent Appellate Authority by way of filing an appeal within thirty days.
• Directed that, the Respondent Appellate Authority should entertain the appeal if filed by the Petitioner without insisting upon the limitation aspect, in accordance with law.

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