M/S Khan Leathers vs. State Of U..P. And 2 Others
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The petitioner, M/s Khan Leathers, filed a writ petition challenging a demand order dated 05.03.2025 issued by the Deputy Commissioner, State Tax Jurisdiction Kanpur Sector-19, Kanpur (C) under Section 73 of the Goods and Services Tax Act, 2017. The petitioner argued that the impugned order failed to meet 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 authorities attempted to support the order but did not dispute that the issue was covered by a previous judgment of the High Court in M/s Hari Shanker Transport Vs. Commissioner of Commercial Tax U.P. The procedural history involves the issuance of a show cause notice and the subsequent demand order, which the petitioner contends is non-speaking.
Held
The Court held that the demand order dated 05.03.2025 was unsustainable as it failed to comply with the provisions of Section 75(6) of the Goods and Services Tax Act, 2017. Following the precedent set in M/s Hari Shanker Transport Vs. Commissioner of Commercial Tax U.P., the Court found that the order, like the one in the cited case, did not contain any reasons and merely incorporated the indication made in the show cause notice by reference. The Court emphasized that even if no response was filed to the show cause notice, it was incumbent upon the proper officer to pass a self-contained order that sets out the relevant facts and the basis of the decision. The ratio decidendi is that a demand order under the GST Act must be a speaking order, providing clear reasoning and not merely referring to prior notices. Consequently, the writ petition was allowed, the impugned order was quashed and set aside, and the matter was remanded back to the Deputy Commissioner, State Tax Jurisdiction Kanpur Sector-19, Kanpur (C) to provide the petitioner an opportunity to file a response to the show cause notice within four weeks and thereafter pass a fresh order in accordance with law after providing an opportunity of hearing.
Key Issues
1. Whether the demand order dated 05.03.2025, issued under Section 73 of the Goods and Services Tax Act, 2017, is liable to be quashed 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 unsustainable because it does not fulfill the requirements of Section 75(6) of the Act, which mandates that the proper officer must set out the relevant facts and the basis of their decision in the order. The petitioner relied on the judgment in M/s Hari Shanker Transport Vs. Commissioner of Commercial Tax U.P. to support this contention, stating that the order merely referenced previous notices without providing any independent reasoning. Respondent's Contention: The learned counsel for the respondents attempted to support the impugned order but did not dispute that the issue raised by the petitioner was covered by the judgment in M/s Hari Shanker Transport (supra).
Sections Cited
Section 73, Section 75(6)
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:90781-DB Chief Justice's Court Case :- WRIT TAX No. - 2539 of 2025 Petitioner :- M/s Khan Leathers Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Rahul Agarwal Counsel for Respondent :- C.S.C., Ankur Agarwal (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
This writ petition is directed against the demand order dated 05.03.2025 issued by the Deputy Commissioner, State Tax Juri iction Kanpur Sector-19, Kanpur (C) under Section 73 of the Goods and Services Tax Act, 2017. 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 fulfil 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, the order dated 05.03.2025 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 05.03.2025 (Annexures- 1 to the writ petition) is quashed and set aside. The matter is remanded back to Deputy Commissioner, State Tax Juri iction Kanpur Sector-19, Kanpur (C), 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 :- 27.5.2025 Mukesh Pal/Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) MUKESH PAL 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.