9911796707
TMI Blog2025 (2) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... pplies. The petitioner is filing monthly returns reporting inward and outward supplies in the prescribed GSTR-1 and GSTR-3B and paying tax after adjusting the eligible ITC, as per the Tamil Nadu Goods and Service Tax Act, 2017 (hereinafter referred to as "TNGST Act" for brevity). However, the assessment order was passed by the respondent dated 26.04.2024 for the assessment year 2018-19. 4. The learned counsel appearing for the petitioner raised a specific ground that the petitioner was not served with any notice seeking explanation with regard to the alleged defects. As per Section 169 of the TNGST Act, a notice must be served in person or by registered post or to the registered e-mail ID alternatively and on failure or impracticability of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a communication to his e-mail address provided at the time of registration or as amended from time to time; or (d) by making it available on the common portal; or (e) by publication in a newspaper circulating in the locality in which the taxable person or the person to whom it is issued is last known to have resided, carried on business or personally worked for gain; or (f) if none of the modes aforesaid is practicable, by affixing it in some conspicuous place at his last known place of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, even though Clause (f) has also been proceeded with the word 'or' indicating it to be disjunctive / an alternative mode of services, a reading of the Clause (f) would indicate that Clause (f) could be resorted to by the State, if any of the Clauses preceding it, was not practicable. Here also, Clause (f) makes it imperative that such affixure shall be in a conspicuous place and the last known business or residence of the assessee. Therefore, the object of Section 169 is for strict observance of the principles of natural justice. 20. A persuasive argument was made on behalf of the respondent that Rules 149 of the GST Rules only provides for electronically issuing of notices/ summons/ orders. It is to be noted that the Rules ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with law." 8. The aforesaid judgment of this Court is squarely applicable to the case on hand. In view of the same, the impugned assessment order passed by the respondent dated 26.04.2024 for the assessment year 2018-19 cannot be sustained and is liable to be quashed. Accordingly, the impugned assessment order passed by the respondent dated 26.04.2024 for the assessment year 2018-19 is hereby quashed. It is made clear that the impugned assessment order passed by the respondent dated 26.04.2024 shall be treated as show cause notice. The petitioner is at liberty to file their reply on or before 22.02.2025 and thereafter, the respondent shall afford an opportunity of hearing to the petitioner and pass orders on merits and in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
