Super Bhootpurva Sanik Suraksha Samiti And Another vs. State Of U.P. And 2 Others
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The petitioners, Super Bhootpurva Sanik Suraksha Samiti and Another, filed a writ petition challenging a demand order dated 29.08.2024 issued by the Commercial Tax Officer, State Tax, Sector-14, Varanasi, U.P., under Section 73 of the Goods and Services Tax Act, 2017. The petitioners argued 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 respondents' counsel supported the order but did not dispute that the issue was covered by a previous judgment of the Court in M/s Hari Shanker Transport Vs. Commissioner of Commercial Tax U.P. The demand order in the present case, similar to the one in the cited case, allegedly incorporated the show cause notice by reference without providing independent reasoning.
Held
The Court held that the demand order dated 29.08.2024, similar to the order in the cited case of M/s Hari Shanker Transport, did not contain any reasons and merely incorporated the indication made in the show cause notice by reference. This manner of passing the order falls foul of 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 his decision. The Court found that the statutory requirements for passing an order by setting out relevant facts and the basis for the decision were missing. Even if no response was filed to the notices, it was incumbent on the respondent to pass an order in compliance with Section 75(6), as a final order should be self-contained. Consequently, the Court quashed and set aside the demand order dated 29.08.2024 and remanded the matter back to respondent no.3. The respondent was directed to provide the petitioner an opportunity to file a response to the show cause notice issued under Section 73 of the Act within four weeks, and thereafter, after providing an opportunity of hearing, pass a fresh order in accordance with law. The ratio decidendi is that a demand order under GST must be self-contained and provide reasons for the decision, not merely refer to previous notices or show cause notices.
Key Issues
1. Whether the demand order dated 29.08.2024, issued under Section 73 of the Goods and Services Tax Act, 2017, is liable to be quashed for non-compliance with Section 75(6) of the Act. Petitioner's contention: The order impugned does not fulfill the requirement 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 his order. The order merely makes reference to the show cause notice and does not provide independent reasoning, rendering it unsustainable. The petitioners rely on the judgment in M/s Hari Shanker Transport Vs. Commissioner of Commercial Tax U.P. Respondent's contention: The respondents attempted to support the order impugned 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:86973-DB
Chief Justice's Court Case :- WRIT TAX No. - 2480 of 2025 Petitioner :- Super Bhootpurva Sanik Suraksha Samiti And Another Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Puneet Agarwal Counsel for Respondent :- C.S.C. Ankur Agarwal Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
This writ petition is directed against the demand order dated 29.08.2024 issued by the Commercial Tax Officer, State Tax, Sector-14, Varanasi U.P. under Section 73 of the Goods and Services Tax Act, 2017. 2. Learned counsel with reference to 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, 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, demand order dated 29.08.2024 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 demand order dated 29.08.2024 (Annexure-1 to the writ petition) is quashed and set aside. The matter is remanded back to respondent no.3, 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 :- 22.5.2025 Sandeep/Sazia (Kshitij Shailendra, J) (Arun Bhansali, CJ) SANDEEP KUMAR 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.