M/S New Sagun Enterprises And Another vs. Union Of INDIA And 2 Others
Held
The Court held that while the petitioner claimed non-receipt of the show cause notice and lack of hearing, the departmental portal upload is considered deemed good service. Consequently, the Court was not inclined to entertain the writ petition directly. Instead, the Court relegated the petitioner to avail the statutory remedy of appeal under Section 107 of the Act. The Court noted that Circular No. 53 of 2023-C.T., dated 2.11.2023, condones the delay in filing appeals for orders passed under Section 73 prior to March 31, 2023, if filed by January 31, 2024. The petitioner was directed to follow the provisions of Section 107, including the requirement of pre-deposit. The issue of whether the petitioner had a valid ground for appeal on merits was not decided.
Facts
The petitioner, M/s New Sagun Enterprises and Another, filed a writ petition challenging a demand raised under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017. The petitioner contended that they were not granted a hearing and did not receive a show cause notice. The respondent revenue authority argued that the show cause notice was uploaded on the departmental portal, constituting deemed good service. The tax period and the specific authority passing the order are not explicitly stated. The amount in dispute is also not recorded. The procedural history involves the filing of a short affidavit by the respondent.
Key Issues
1. Whether the uploading of a show cause notice on the departmental portal constitutes valid service upon the assessee, thereby satisfying the principles of natural justice, under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017? Petitioner's Contention: The petitioner argued that they were not granted a hearing and did not receive any show cause notice, implying that the service was not proper and their right to be heard was violated. Respondent's Contention: The respondent contended that the show cause notice was uploaded on the departmental portal, which is considered deemed good service upon the assessee, thus fulfilling the procedural requirements.
Sections Cited
Section 73, Section 107
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:231624-DB Court No. - 3 Case :- WRIT TAX No. - 1314 of 2023 Petitioner :- M/S New Sagun Enterprises And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ram Raj Prajapati,Dinesh Kumar Maurya Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.
Learned Standing Counsel, Sri Ankur Agarwal, has filed a short affidavit, after serving the same upon learned counsel for the petitioners, which is taken on record.
This writ petition has been filed under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the demand raised under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as the Act).
The counsel on behalf of the petitioner submits that no hearing was granted to the petitioner and he has not received any show cause notice. However, from the record, it appears that the show cause notice was uploaded on the portal of the Department, which is deemed to be good service upon the assessee.
In view of the above, we are not inclined to entertain the present writ petition and relegate the petitioner to avail t
The judgment continues below.
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