2025 (6) TMI 423 - HC - GST

Violation of principles of natural justice - non-communication of personal hearing notices or not - HELD THAT - The Registry to try and implement this communication dated 23rd May 2025 so as to assist the CGST Department in efficient processing and marking of fresh matters to the concerned counsels. The second document that has been handed over is in the form of an SoP instructions legal wherein the manner in which ld. Standing Counsels ld. Jr. Standing Counsels and ld. Panel Advocates are to accept advance service and how the instructions had to be given have been spelt out. It is recorded specifically that two officers shall be deputed by the CGS in the Delhi High Court from CGST and CX Delhi Zone to give immediate instructions if required. The instructions to all Commissionerates are also incorporated in this document. The Registry (listing and filing) shall publish the email addresses of all the Commissionerates and the dedicated email address in the cause list along with the direction in the form of a circular that names of the specific Commissionerates need to be mentioned in the fresh writ petitions filed so that all Counsels and litigants are given notice of these email addresses and other requisite information. Petition disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this judgment relate primarily to procedural aspects in the handling of Goods and Services Tax (GST) litigation before the High Court. The issues include:

• Whether the personal hearing notices were duly communicated to the petitioner in GST-related writ petitions.
• The procedural adequacy and effectiveness of communication mechanisms employed by the GST Department in litigations, particularly regarding service of notices and written submissions.
• The feasibility and appropriateness of disposing of GST-related procedural issues at the first hearing itself.
• The necessity and formulation of Standard Operating Procedures (SOPs) for the GST Department to streamline litigation processes and ensure timely and proper service of notices and instructions to counsels.
• The institutional responsibility of the GST Department and the Registry to ensure efficient coordination and communication in GST litigation matters.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Communication of Personal Hearing Notices and Procedural Adequacy

Relevant legal framework and precedents: The Court's approach is grounded in principles of natural justice and procedural fairness, which require that parties be given adequate notice of hearings and opportunities to present their case. The GST procedural rules and the High Court's supervisory jurisdiction over administrative actions underpin the analysis.

Court's interpretation and reasoning: The Court emphasized the importance of ensuring that personal hearing notices are effectively communicated to petitioners. It directed the GST Department to place on record proof of communication through the GST portal, including screenshots and other documentary evidence. The Court acknowledged the prevalence of procedural grievances in GST litigation, such as non-receipt of notices and non-communication of replies, and recognized that these issues could be resolved expeditiously if proper instructions were given to departmental counsels.

Key evidence and findings: The petitioner was directed to provide evidence of uploading written submissions on the GST portal, while the Department was required to demonstrate the manner in which personal hearing notices were served. This exchange was intended to clarify procedural compliance and identify any lapses.

Application of law to facts: By requiring documentary proof from both parties, the Court sought to ensure transparency and accountability in procedural communications. This approach aligns with the principles of natural justice, ensuring that petitioners are not prejudiced by procedural failures.

Treatment of competing arguments: While the petitioner's non-receipt of notices was a concern, the Court balanced this against the Department's obligation to demonstrate due process. The Court's directions sought to resolve disputes on procedural grounds without delving into substantive merits prematurely.

Conclusions: The Court concluded that procedural issues such as noncommunication of personal hearing notices should be addressed promptly and could be disposed of at the first hearing if the Department's counsels received appropriate instructions.

Issue 2: Disposal of Procedural GST Matters at the First Hearing

Relevant legal framework and precedents: The Court's inherent powers under the High Court rules and the need for judicial efficiency inform this issue. The GST laws and procedural rules also emphasize timely resolution of disputes.

Court's interpretation and reasoning: The Court observed that a significant number of GST writ petitions raise procedural issues that do not require extended adjudication. It held that such matters could be disposed of at the first date itself, provided the Department's counsels were properly instructed and available to address these issues.

Key evidence and findings: The Court noted the volume of GST-related litigation and the commonality of procedural grievances. It proposed deputing at least two officers from the litigation section of the GST Department to coordinate and provide instructions expeditiously.

Application of law to facts: This pragmatic approach aimed to reduce judicial backlog and ensure that procedural grievances are resolved swiftly, thereby streamlining the litigation process.

Treatment of competing arguments: The Court's directive implicitly balanced the need for procedural fairness with judicial economy, encouraging the Department to enhance its responsiveness.

Conclusions: The Court mandated the deputation of officers from the GST Department's litigation section to facilitate prompt disposal of procedural issues at the initial hearing.

Issue 3: Formulation and Implementation of Standard Operating Procedures (SOPs) for GST Litigation

Relevant legal framework and precedents: Administrative law principles and the Court's supervisory role over government departments require that litigations be managed efficiently and fairly. SOPs are a recognized tool for institutionalizing best practices.

Court's interpretation and reasoning: The Court considered the SOPs submitted by the GST Department, noting that two drafts had been prepared but further streamlining was underway. The Court directed the Department to finalize and place the SOP on record, emphasizing the need for clear instructions on accepting advance service of writ petitions and the delegation of authority to officers to provide immediate instructions to counsels.

Key evidence and findings: The Department submitted two documents: a communication from the Principal Chief Commissioner and a set of legal SOP instructions. These documents included the creation of dedicated email addresses for various Commissionerates and the Principal Chief Commissioner's office to facilitate advance service of writ petitions and coordination.

Application of law to facts: The SOPs institutionalize a framework for timely communication and coordination between the Registry, the GST Department, and its counsels. By mandating the mention of specific Commissionerates in writ petitions and publishing dedicated email addresses, the SOPs enhance procedural clarity and reduce delays.

Treatment of competing arguments: The Court's approach reflects a collaborative effort to improve administrative efficiency without compromising petitioners' rights. It also addresses practical difficulties faced by litigants and counsels in serving and receiving notices.

Conclusions: The Court accepted the SOPs on record and directed their implementation, including publication of email addresses in the cause list and circulars, to ensure all stakeholders are informed and procedural compliance is enhanced.

Issue 4: Institutional Responsibility and Coordination between Registry and GST Department

Relevant legal framework and precedents: The Court's supervisory jurisdiction over court procedures and administrative processes supports the need for institutional coordination to ensure efficient justice delivery.

Court's interpretation and reasoning: The Court directed the Registry to implement the communication from the Principal Chief Commissioner, including the use of dedicated email addresses and marking of fresh matters to appropriate counsels. The Court emphasized that this coordination is essential for expeditious processing of GST writ petitions.

Key evidence and findings: The communication detailed the email IDs of the legal sections of various CGST Commissionerates and the Principal Chief Commissioner's office, along with their physical addresses. This infrastructure facilitates proper service and prompt response.

Application of law to facts: By mandating the Registry's active role in implementing these measures, the Court ensures that procedural mechanisms are institutionalized and that litigants and counsels have clear channels for communication.

Treatment of competing arguments: The Court's directions reflect a consensus on the need for systemic improvements and do not entertain contrary positions that would delay procedural compliance.

Conclusions: The Court concluded that the Registry must actively assist the GST Department in implementing the communication and SOPs to improve litigation management.

3. SIGNIFICANT HOLDINGS

"In the opinion of this Court, such cases can be disposed of on the first date itself subject to the concerned Department giving instructions to its Counsels."

"It is impressed upon the Principal Chief Commissioner of CGST & Central Excise, Delhi Zone ... to consider deputing at least two officials from the litigation section, who can coordinate with the various Commissionerates of the GST department and give instructions to the Department's counsels, in an expedited manner."

"The Registry (listing and filing) shall publish the email addresses of all the Commissionerates and the dedicated email address in the cause list, along with the direction, in the form of a circular, that names of the specific Commissionerates need to be mentioned in the fresh writ petitions filed, so that all Counsels and litigants are given notice of these email addresses and other requisite information."

Core principles established include:

• Procedural issues in GST writ petitions, especially those relating to communication of notices, must be addressed promptly and can be disposed of at the earliest opportunity.
• Effective institutional mechanisms, including deputation of officers and creation of dedicated communication channels, are essential for ensuring procedural fairness and judicial efficiency in GST litigation.
• Standard Operating Procedures are vital for streamlining litigation management, ensuring advance service of writ petitions, and facilitating prompt instructions to departmental counsels.
• The Registry and the GST Department must coordinate closely to ensure proper marking, service, and handling of GST writ petitions.

Final determinations on each issue reflect the Court's commitment to procedural fairness, judicial economy, and administrative efficiency, culminating in the disposal of the petition with directions for implementation of the SOPs and improved coordination mechanisms.