M/S Sachin Realty PVT LTD. vs. State Of Uttar Pradesh And Another
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The petitioner, M/s Sachin Realty Pvt. Ltd., filed a writ petition challenging an ex parte demand order dated 17.08.2024, issued by the Deputy Commissioner, State Tax, Gautam Budh Nagar (B). This order was passed under Section 73 of the Goods and Services Tax Act, 2017, for the tax period 2019-2020. The petitioner contended that the impugned order failed to comply with the requirements of Section 75(6) of the Act, as it did not set out the relevant facts and the basis of the decision. The respondent, State of Uttar Pradesh and another, supported the impugned order but did not dispute that the issue was covered by a previous judgment of the Court.
Held
The Court held that the ex parte demand order dated 17.08.2024, issued by the Deputy Commissioner, State Tax, Gautam Budh Nagar (B) under Section 73 of the Goods and Services Tax Act, 2017, is unsustainable. The Court found that, similar to the facts in the cited case of M/s Hari Shanker Transport, the impugned order did not contain any reasons and merely incorporated the indication made in the show cause notice by reference. This failure to set out the relevant facts and the basis of the decision contravenes the mandate of Section 75(6) of the Act. The Court reiterated that even in cases where no response is filed to the notices, the final order must be self-contained and comply with statutory requirements. Therefore, the Court quashed and set aside the order dated 17.08.2024 and remanded the matter back to the Deputy Commissioner. The petitioner is to be provided an opportunity to file a response to the show cause notice within four weeks, after which a fresh order in accordance with law is to be passed.
Key Issues
1. Whether the ex parte demand order dated 17.08.2024, issued under Section 73 of the Goods and Services Tax Act, 2017, is liable to be quashed and set aside for non-compliance with the mandatory requirements of Section 75(6) of the Act. Petitioner's Contention: The petitioner argued that the impugned order is ex parte and does not fulfill the requirements of Section 75(6) of the Act, which mandates that the proper officer shall set out the relevant facts and the basis of his decision in the order. They relied on the judgment in M/s Hari Shanker Transport Vs. Commissioner of Commercial Tax U.P. : Writ Tax No.606 of 2025, decided on 11.03.2025, which held that such orders, lacking in reasoning and basis, are unsustainable. Respondent's Contention: The respondent attempted to support the impugned order but conceded that the issue raised was covered by the aforementioned judgment in M/s Hari Shanker Transport.
Sections Cited
Section 73, Section 75(6)
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:91779-DB Chief Justice's Court Case :- WRIT TAX No. - 2608 of 2025 Petitioner :- M/s Sachin Realty Pvt. Ltd. Respondent :- State of Uttar Pradesh and another Counsel for Petitioner :- Pranjal Shukla, Dheeraj Dwivedi, Anand Kumar Jaiswal Counsel for Respondent :- Ankur Agarwal, S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
This writ petition is directed against the ex parte demand order dated 17.08.2024 issued by the Deputy Commissioner, State Tax, Sector-3, Gautam Budh Nagar (B) under Section 73 of the Goods and Services Tax Act, 2017 for the tax period 2019 - 2020. 2. Learned counsel with reference to judgment in M/s Hari U.P. : Writ Tax No.606 of 2025, decided on 11.03.2025, made submissions that the order impugned does not fulfill the requirement of Section 75(6) of the Act and, therefore, the order impugned deserves to be quashed and set aside and the matter be remanded back.
Learned counsel appearing for the respondents attempted to support the order impugned, however, does not dispute that the issue as raised is covered by the judgment in the case of M/s Hari Shanker Transport (supra).
In the case of M/s Hari Shanker Transport (supra), this Court, after hearing the parties, came to the following conclusion:- "
A bare look at the order impugned dated 27.04.2024 passed under Section 73(9) of the Act reveals that the same only makes reference to issuance of two notices, the fact that they have not been responded to, and a demand has been raised.
The manner of passing of order dated 27.04.2024 falls foul of the requirements of Section 75(6) of the Act, which requires that 'the proper officer, in his order shall set out the relevant facts and the basis of his decision', the statutory requirements for passing an order by setting out relevant facts and basis for the decision are totally missing from the order dated 27.04.2024. Even if no response was filed to the notices issued under Sections 61 and 73 of the Act, it was incumbent on respondent no.2 to pass an order in compliance of the provisions of Section 75(6) of the Act, as a final order should be self contained and merely making reference to the previous notices while passing the said order does not suffice for making it a self contained order.
Consequently, the petition is allowed. The order dated 27.04.2024 (Annexure-6 to the writ petition) is quashed and set aside. The matter is remanded back to respondent no.2/Deputy Commissioner, State Tax, Sector-3, Sonbhadra to provide an opportunity of filing response to the show cause notice issued under Section 73 of the Act to the petitioner, which response shall be filed within a period of four weeks from today and thereafter, after providing opportunity of hearing, a fresh order in accordance with law be passed."
Admittedly, in the present case, ex parte order dated 17.08.2024 also does not contain any reason and only the indication made in the show cause notice has been incorporated by reference and, therefore, the said order cannot be sustained.
Consequently, the writ petition is allowed.
The order dated 17.08.2024 (Annexures - 6 to the writ petition) is quashed and set aside. The matter is remanded back to Deputy Commissioner, State Tax, Sector-3, Gautam Budh Nagar (B), who shall provide an opportunity of filing response to the show cause notice issued under Section 73 of the Act to the petitioner, which response shall be filed within a period of four weeks from today and, thereafter, after providing opportunity of hearing, a fresh order in accordance with law be passed. Order Date :- 28.5.2025 nd (Kshitij Shailendra, J) (Arun Bhansali, CJ) NISITH DEY High Court of Judicature at Allahabad
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.