M/S Sadguru Infratech Private Limited vs. The Assistant Commissioner Of Central Tax
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Cause title — parties, addresses and appearances
ORAL ORDER
In this writ petition, the petitioner seeks the following reliefs: "a) Issue a Writ of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records on the files of the Respondent herein in the summary of the order in FORM GST DRC 07 with reference No.ZD290125092144F dated 23.01.2025 along with the Order in Original in OIO Sl.No.182/2024-25/GST/WD2 dated 22.01.2025 and quash the same. (Annexure-A). b) Grant or pass such further or other orders as it may deem fit and proper in the facts and circumstances of this case and render justice."
Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record.
A perusal of the material on record will indicate that the petitioner filed its Return of Turnovers for three financial years. The HC-KAR NC: 2025:KHC:40218 Respondent initiated audit proceedings u/s. 65 of the Act and issued notice to the petitioner on 09.05.2024. The Petitioner replied to the said notice on 16.05.2025. Thereafter, show-cause notice dated 26.07.2024 was issued to the petitioner. Thereafter, the file was transferred from the Office of the Assistant Commissioner, Circle -4, Mysore Audit Commissionerate to the respondent herein. The personal hearing notices issued by the respondent to the petitioners were not served in the GST portal of the petitioner. Further, on 06.01.2025, notice of personal hearing was issued to the petitioner fixing the date of hearing to 07.01.2025 i.e., the very next date. Thereafter the petitioner appeared on 07.01.2025 and requested the respondent to fix the personal hearing date after a week. Pursuant to the same, the respondent without considering the reply filed by the Petitioner and not providing the Petitioner a sufficient opportunity of personal hearing u/s. 75(4) of the Act proceeded to pass the impugned order at Annexure-A dated 23.01.2025, which is assailed in the present petition.
Learned counsel for the petitioner submits that the petitioner had filed its reply dated 16.05.2024 to the notice dated 09.05.2024 and the respondent without considering the said reply HC-KAR NC: 2025:KHC:40218 and without granting an opportunity of personal hearing as requested by the petitioner, has passed the impugned order at Annexure-A dated 23.01.2025 and the impugned order deserves to be quashed and the matter is remitted back to the respondent for reconsideration of the matter afresh in accordance with law by providing an opportunity to the petitioner to submit a reply to the notice/show cause notice/ produce necessary documents and thereafter to pass appropriate orders.
Per contra, counsel for respondent would support the impugned orders and submit that there is no merit in the petition and the same is liable to be dismissed, especially when the petitioner did not exercise his due diligence in participating in the impugned proceedings.
A perusal of the material on record including the impugned orders will indicate that it is an undisputed fact that the petitioner filed its Reply to the notice and the impugned orders have been passed without granting an opportunity to the petitioner to produce necessary documents and without granting personal hearing. Under these circumstances, in view of the Respondent failing to provide an opportunity for the petitioner to provide a HC-KAR NC: 2025:KHC:40218 reasonable opportunity to produce necessary documents, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner, I deem it just and appropriate to set aside the impugned orders and remit the matter back to the respondent for reconsideration afresh in accordance with law by issuing certain directions.
In the result, I pass the following: ORDER i) The Writ Petition is allowed; ii) The impugned order passed by respondent at Annexure-A dated 22.01.2025, is hereby set aside; iv) The petitioner shall appear before the respondent on 17.11.2025, on which date, he shall submit his reply to the notice/show cause notice along with relevant documents, failing which the present order shall stand recalled automatically, without further orders or without further reference to the Bench. v) Upon the petitioner submitting a reply along with relevant documents to the show cause notice, on 17.11.2025, the respondent shall afford a HC-KAR NC: 2025:KHC:40218 reasonable opportunity to the petitioner and hear him and proceed further in accordance with law. (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 99
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.