M/S Sathavahana Associates vs. The Commissioner Of Central Tax And 2 Others

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WP/26986/2022HC TelanganaGSTCNR HBHC01037885202229 June 2022Bench: SUREPALLI NANDA,UJJAL BHUYAN7 pages
For Petitioner: SRI.J.PRABHAKAR, SENIOR Counsel FOR, M/S.D.VENKATA PADMAJAFor Respondent: SRI.B.NARASIMHA SARMA
AI SummaryRemanded

Facts

The petitioner, M/s Sathavahana Associates, challenged an Order-in-Original dated March 2, 2022, passed by the Commissioner of Central Tax (1st Respondent). This order confirmed a demand of Rs. 3,00,33,961.00 and imposed an equivalent penalty under the Finance Act, 1994, for the period 2015-16 to June 2017. The petitioner contended that they did not receive a notice for personal hearing, thus being denied an opportunity to defend their case. The Revenue argued that the notice was sent to the address registered by the petitioner. The impugned order noted that the intimation for personal hearing was returned undelivered by postal authorities.

Held

The Court held that it would be in the interest of justice to remand the matter. The impugned Order-in-Original dated March 2, 2022, was set aside. However, this order was to be treated as a show-cause notice to the petitioner. The petitioner was directed to submit a reply within three weeks from the date of the order. Upon receipt of the reply within the stipulated period, the 1st Respondent was to pass a fresh order in accordance with the law after granting the petitioner a due opportunity of hearing, including personal hearing. If no reply was filed by the petitioner, the 1st Respondent was at liberty to pass such order as deemed fit. The writ petition was disposed of accordingly.

Key Issues

1. Whether the Order-in-Original dated March 2, 2022, passed by the Commissioner of Central Tax, is arbitrary, illegal, and violative of the principles of natural justice, specifically the right to a personal hearing, under the Finance Act, 1994? Petitioner's contention: The petitioner argued that they were not served with a notice for personal hearing, which prevented them from effectively defending their case. This lack of opportunity, they asserted, rendered the order illegal and violative of natural justice principles. Revenue's contention: The respondents contended that a notice of hearing was dispatched to the address provided by the petitioner in their GST registration. The judgment notes that the intimation for personal hearing was returned undelivered by postal authorities.

Sections Cited

Section 73, Section 78

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 26986 OF 2022 Between: M/s Sathavahana Associates, Flat No.'102, H.No.3-43, Millenium Residency, Hanuman Nagar, Chasitanyapuri, Hyderabad - 500 060, Telangana. Represented by its Managing Partner. [vlr. N.Surender Reddy, S/o Mr. N.Nalla Reddy. ...PETITIONER AND 1. The Commissioner of Central Tax, Ranga Reddy GST Commissionerate, Posnett Bhavan, Tilak Road, Ram Kote, Hyderabad - 500 001 , Telangana. 2. The Superintendent of Central Tax, Vanasthalipuram Range, Nagole GST Division,Ranga Reddy GST Commissionerate, H. No.. 23908, Sai Balaji Arcade, Cooperative Bank Colony, Bandlaguda Road, Nagole, Hyderabad - 500 068, Telangana. 3. The Deputy / Assistant Commissioner of Central Tax, Nagole GST Division,Ranga Reddy GST Commissionerate, H. No.. 23908, Sai Balaji Arcade, Cooperative Bank Colony, Bandlaguda Road, Nagole, Hyderabad - 500 068, Telangana. Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, declaring that the Order - in - Original No.. 1712021-22-Adjn(Commr)- ST, dated 0210312022 (served on the Petitioner's Authorised Representative by hand on 0710412022), passed by the '1 st Respondent, for the period 2015 - 16 to 2017 - 18 (up to June, 2017), vide DlN. 20220356YQ0000888D1E, under the provisions of Finance Act, 1994, as arbitrary, illegal, bad in law, void-ab-initio, violative of the principles of natural justice apart from being violative of Articles 14, 19(1Xg) and 265 of the Constitution of lndia, and consequently set aside the same in the interests of justice. \ THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND ...RESPONDENTS l.A.NO:1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, including any recovery, pursuant to the the Order - in - Original No.. 1712021-22-Adjn(Commr)-ST, dated 0210312022 (served on the Petitioner's Authorised Representative by hand on 0710412022), passed by the '1 st Respondent, for the period 2015 - 16 lo 2017 - 18 (up to June, 2017), vide DlN. 20220356YQ0000888D1E, under the provisions of Finance Act, 1994, pending disposal of the above writ petition. Counsel for the Petitioner : SRI.J.PRABHAKAR, SENIOR Counsel FOR M/S.D.VENKATA PADMAJA Counsel for the Respondents : SRI.B.NARASIMHA SARMA

/l THE HON'BLE THE CHIEF JUSTICE UJJAL BHTIYAN THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.26986 of 2022 ORDER: e( r ltLe llon'ble the ChieJ Justicc Ujjal Blallan) Heard Mr. J. Prabhakar, learned Senior Counsel for the petitioner arrd Mr. B.Narasimha Sarma, Iearned Standing Counsel for Goods and Services Tax (GST), for the respondents.

2.

Challenge made in this writ petition is to the order- in-originai dated 02.03.2022 passed by respondent No.1 confirming demand of Rs.3,00,33,961.00 under Section 73(21 ol the Finance Act, 1994 and imposing penalt), of equivalent amount under Section 78 of the Finance Act, 1994. 3. Leamed Scnior Counsel for the petitioner submtts that no notice ol personal hearing was received by the AN.D

ri('./ a( ,5,\7 tY. P. No.16986 of 2D2 petitioner. Therefore, petitioner could not eifectivel)' defend its case.

4.

Learned Standing Counsel however submits from the documents placed on record that notice of hearing u'as sent to the address mentioned by the petitioner in its GST registration.

5.

From a perusal of the order dated 02.03.2022, more particularly paragraph 5 thereof, we find that intimation of personal hearing sent to the service provider i.e., the petitioner, was returned undelivered b-v tl-re postal authorities. Following the same, respondent No.1 passed the impugned order on the basis of available m:rterials.

6.

Upon hearing learned counsel for the partie:s and on due consideration, we are of the vier.r, that it u,ould be in the interest of justice if the matter is remanded anci petitioner is afforded an opportunitv of henringl before confirmation of demald and imposition of pcnaltr,. 2

T|CJ & SNJ tt/. P. No.26986 of 2022

7.

In view of the above, we pass the follou,ing order(s):- (i) Impugned order-in-original dated 02.03.2022 is herebv set aside. (ii) Though we have set aside the order-in-original dated 02.03.2022, the same may be treated as the notice to show cause by the petitioner. (iii) Petitioner shalt submit reply within a period of three weeks from todaY. (iv) If the petitioner submits reply within the aforesaid period of three weeks' respondent No.l shall pass necessary order in accordance with law after granting due opportunity of hearing including personal hearing to the petitioner. (v) However, if no reply is filed by the petitioner' it would be open to respondent No'1 to pass such order as maY be deemed fit and Proper' Writ petition is accordingly disposed of' 8 /I

HCJ & SN./ ll.P.No.26986 oJ 2022

9.

Miscellaleous applications pending, if any, shall stand closed. However, there shall be no order as to costs. Arcade, Cooperative Bank Colony, Bandlaguda Road, Nagole, Hyderabad - 500 068, Telangana. One CC to M/S.D.VENKATA PADMAJA, Advocate IOPUC] One CC to SRI.B.NARASIMHA SARIVIA, Advocate IOPUCI Two CD Copies One spare copy (' + r) To 1. 2. 3. .I.NAGALAKSHMt DEPUry REGISTRAR //// secrrcir'rbrrtcEn The Commissioner of Central Tax, Ranga Reddy GST Commissionerate, posneit Bhavan, Titaf noad, iam Xotei l1yOera'Uad - 500 001 , Telanggna' iiu' su'p"ii"t""oent of ceniiat'ii,, vitiutir''lipuram Range' Nagole G-ST oi"i.i"inr"s, nloov csf Commissionerate. H. No" 23908, Sai Balaii nii"i",'c""p"rative bank Colony, Bandlaguda Road, Nagole, Hyderabad - 500 068, Telangana. The Deputy / Aisistant Commissioner of Central Tax, Nagole GST Division,Ranga Reddy GST Commissionerate, H. No.. 23908, Sai Balaji 4 5 o 7 .A S P I

HIGH COURT DATED:2gt}Gl2022 ORDER WP.No.26986 of 2022 DISPOSING OF THE W.P WITHOUT COSTS. {/ [2 sEP 2m 8

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.