Senthil Hardwares vs. The State Tax Officer
Original PDF →Facts
The petitioner challenged an order confirming tax, interest, and penalty for the assessment year 2018-19. The petitioner claimed they filed a detailed reply to a notice, which was accepted, but the impugned order demanded an amount not included in the original notice.
Held
The Court held that the impugned order suffered from a gross violation of natural justice as the petitioner was not put on notice regarding a specific defect. Therefore, the reasoning and conclusion of the order were unsustainable.
Key Issues
Whether the impugned order violated principles of natural justice by demanding amounts not included in the show cause notice. Whether the petitioner was adequately put on notice regarding the specific defect leading to the demand.
Sections Cited
DRC 01
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Before: and
This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and learned Additional Government Pleader for the respondent and after dispensing with the counter filed by the respondent.
The petitioner is before this Court against the impugned order dated 27.04.2024 passed by the respondent for the assessment year 2018-19 bearing reference in 33AKBPN2569C1ZH.
By the impugned order, the respondent has confirmed the following amounts as tax due from the petitioner together with the interest and penalty:
The specific case of the petitioner is that the petitioner was issued with a 2/7 https://www.mhc.tn.gov.in/judis notice in DRC 01 in GST portal on 19.04.2022, followed by remainder for personal hearing dated 13.02.2024 and that the personal hearing was held on 27.04.2024. 5. It is the case of the petitioner that on the said date, the petitioner filed a detailed reply, which has also been accepted by the respondent. However, in the impugned order, the respondent has demanded the aforesaid amount.
It is submitted that the aforesaid amount was not a part of the notice that was issued to the petitioner in GSTR 01 dated 19.04.2022, which was replied by the petitioner on 27.04.2024. 7. The learned Additional Government Pleader for the respondent, on the other hand, would submit that the petitioner has not produced the requisite documents to substantiate that the petitioner had validly availed the Input Tax Credit and therefore, the impugned order has been confirmed the demand as detailed above. 3/7 https://www.mhc.tn.gov.in/judis
Having considered the submissions made by the learned counsel for the petitioner and learned Additional Government Pleader for the respondent, the Court is of the view that the impugned order suffers from the gross violation of the principles of natural justice as the petitioner was not put to notice on defect No.
Therefore, the reasoning, which produced in conclusion of the impugned order, is also unsustainable, as reads under: 4/7 https://www.mhc.tn.gov.in/judis
In view of the above, the Court is left with no other option, but to quash the impugned order and to remit the case back to the respondent to pass a fresh order on merits.
The impugned order, which stands quashed, shall be treated as 5/7 https://www.mhc.tn.gov.in/judis corrigendum to the notice in DRC 01 dated 19.04.2022. The respondent is also directed to issue fresh additional addendum to the above as a show cause notice within a period of 45 days from today. The petitioner shall, thereafter, file a reply to the same within a period of 30 days. The respondent shall thereafter pass a fresh order on merits and in accordance with law as expeditiously as possible preferably within a period of two months. Needless to state, the petitioner shall be heard before passing the order. This Writ Petition is allowed, with above directions. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 30.07.2024 Internet : Yes / No apd To The State Tax Officer, Pattukottai – I Assessment Circle, Pattukottai, Thanjavur. 6/7 https://www.mhc.tn.gov.in/judis C.SARAVANAN, J.
apd
2024 7/7 https://www.mhc.tn.gov.in/judis
Reproduced from the public record of the Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.