2025 (5) TMI 551 - HC - GST

Challenge to impugned ex-parte adjudication order - no reply filed by the petitioner - sufficient cause for non-participation by the petitioner - principles of natural justice - HELD THAT - A perusal of the impugned adjudication order will clearly indicate that the same is a ex-parte order which proceeded on the basis as the petitioner did not submit a reply to the show cause notice nor contest the proceedings. However in the light of the specific assertion on the part of the petitioner that it is inability and omission to submit a reply and contest the adjudication proceedings was due to bona fide reasons unavoidable circumstances and sufficient cause it is deemed just and appropriate to set aside the impugned assessment adjudication order dated 16.05.2023 and the summary dated 17.05.2023 and remit the matter back to the 1st respondent for reconsideration afresh in accordance with law. The matter is remitted back to the 1st respondent for reconsideration 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 are:

(a) Whether the impugned ex-parte adjudication order dated 16.05.2023, summary order dated 17.05.2023, rectification rejection order dated 22.11.2023, and appellate order dated 18.01.2024, all relating to tax periods April 2018 to March 2019 under the Central and Karnataka Goods and Services Tax Acts, 2017, are liable to be quashed on grounds of procedural fairness and sufficient cause for non-participation by the petitioner;

(b) Whether the petitioner's failure to submit a reply to the show cause notice and contest the adjudication proceedings was due to bona fide reasons, unavoidable circumstances, and sufficient cause, thereby justifying setting aside the ex-parte orders;

(c) Whether the matter requires remand for fresh adjudication in accordance with law, ensuring the petitioner is afforded a reasonable opportunity to be heard;

(d) Whether the petitioner is entitled to copies of documents submitted during the proceedings as per the Order-in-Original dated 06.01.2025;

(e) The procedural propriety and legality of the impugned orders passed under Sections 73(1), 73(9), 122(2)(a), 107 of the CGST/KGST Acts and Rule 142 of the GST Rules, 2017.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a) & (b): Validity of the ex-parte adjudication and related orders in light of petitioner's non-participation due to bona fide reasons

Relevant legal framework and precedents: The adjudication and recovery proceedings under the CGST/KGST Acts require that the taxpayer be given an opportunity of being heard before passing any order. Sections 73(1) and 122(2)(a) of the CGST Act provide for adjudication and penalty proceedings, while Rule 142 mandates issuance of show cause notices and opportunity for reply. The principles of natural justice and fair procedure are integral. Precedents establish that ex-parte orders may be set aside if the non-appearance is due to sufficient cause and bona fide reasons.

Court's interpretation and reasoning: The Court noted that the impugned adjudication order dated 16.05.2023 was passed ex-parte because the petitioner did not submit a reply to the show cause notice dated 20.02.2023 nor contested the proceedings. However, the petitioner asserted that this failure was due to bona fide reasons and unavoidable circumstances amounting to sufficient cause. The Court found this assertion credible enough to warrant setting aside the ex-parte orders and remitting the matter for fresh consideration.

Key evidence and findings: The petitioner's explanation for non-submission of reply and non-contestation was accepted as bona fide and sufficient cause. The petitioner had also attempted to rectify the situation by filing an application for rectification and an appeal against its rejection, both of which were dismissed, but the Court considered these subsequent orders to be consequential to the impugned adjudication order.

Application of law to facts: Since the adjudication was ex-parte and the petitioner was denied an effective opportunity to be heard due to circumstances beyond their control, the Court applied the principles of natural justice and procedural fairness to set aside the impugned orders and directed fresh adjudication.

Treatment of competing arguments: The Additional Government Advocate contended that the petition lacked merit and should be dismissed. However, the Court emphasized the importance of hearing the petitioner and found that the petitioner's inability to participate was bona fide, thus outweighing the State's reliance on procedural regularity.

Conclusions: The ex-parte adjudication order, summary order, rectification rejection order, and appellate order were all set aside, and the matter was remitted for fresh adjudication with directions to afford the petitioner a reasonable opportunity to submit reply and documents.

Issue (c): Remand for fresh adjudication with opportunity to be heard

Relevant legal framework: The CGST/KGST Acts and Rules require that before passing any adjudication or recovery order, the taxpayer be given a reasonable opportunity to present their case. This is a fundamental procedural safeguard under administrative law principles.

Court's interpretation and reasoning: The Court directed that the petitioner appear before the 1st respondent on a specified date and submit reply along with relevant documents. The respondent was directed to consider the submissions and proceed in accordance with law. The Court further clarified that failure by the petitioner to appear or file objections on the specified date would result in automatic recall of the present order and revival of the petition without further reference.

Application of law to facts: The Court's directions ensure compliance with the statutory scheme and natural justice by mandating a fresh hearing and adjudication based on the petitioner's submissions.

Conclusions: The matter was remitted for fresh adjudication with clear procedural safeguards and timelines.

Issue (d): Entitlement to copies of documents submitted during proceedings

Relevant legal framework: The petitioner invoked an Order-in-Original dated 06.01.2025 requiring Respondents 3 and 4 to provide copies of documents submitted by the petitioner. Access to documents is a recognized right in administrative and quasi-judicial proceedings to enable effective participation.

Court's interpretation and reasoning: While the Court did not elaborate extensively on this point, it included the relief sought for provision of documents, indicating acceptance of the petitioner's entitlement.

Conclusions: The petitioner is entitled to copies of the documents submitted during the proceedings as per the referenced order.

Issue (e): Legality and procedural propriety of impugned orders under relevant statutory provisions

Relevant legal framework: The impugned orders were passed under Sections 73(1), 73(9), 122(2)(a), and 107 of the CGST/KGST Acts and Rule 142 of the GST Rules, which govern adjudication, penalty, rectification, appeals, and procedural requirements respectively.

Court's interpretation and reasoning: The Court found that the impugned orders were passed ex-parte without affording the petitioner a reasonable opportunity to be heard, which violates the procedural safeguards mandated by the statutory provisions and principles of natural justice. Consequently, the orders were set aside not on the merits of the tax liability but on procedural grounds.

Conclusions: The impugned orders were held to be legally unsustainable due to procedural infirmities.

3. SIGNIFICANT HOLDINGS

The Court held:

"In the light of the specific assertion on the part of the petitioner that it is inability and omission to submit a reply and contest the adjudication proceedings was due to bona fide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to set aside the impugned assessment adjudication order dated 16.05.2023 and the summary dated 17.05.2023 and remit the matter back to the 1st respondent for reconsideration afresh in accordance with law."

"Though the petitioner filed rectification application which was rejected vide order dated 22.11.2023 and the appeal filed against the same was rejected vide order dated 18.01.2024, in the light of setting aside of the adjudication order, the aforesaid two orders also deserves to be set aside."

"Upon the petitioner submitting a reply along with relevant documents to the show cause notice, on 19.05.2025, the respondent shall afford a reasonable opportunity to the petitioner and hear him and proceed further in accordance with law."

"It is made clear that, if the petitioner does not appear on 19.05.2025 and does not file objections along with the document on that day, the present order shall stand automatically recalled/cancelled and the present petition shall stand revived/restored without further orders and without reference to the Bench."

Core principles established include the necessity of affording a reasonable opportunity to be heard before passing adjudication orders under GST law, the power of the Court to set aside ex-parte orders where non-participation is due to bona fide reasons, and the importance of procedural fairness overriding mere procedural compliance.

Final determinations:

(i) The impugned ex-parte adjudication order, summary order, rectification rejection order, and appellate order are quashed.

(ii) The matter is remitted for fresh adjudication with directions to afford the petitioner an opportunity to be heard.

(iii) The petitioner is entitled to copies of documents submitted during the proceedings.

(iv) The petitioner must appear and submit reply on the specified date or else the order will be recalled and the petition revived.