Amitamshu Tradcon Private Limited vs. Union Of INDIA

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CWJC/13825/2024HC PatnaGSTCNR BRHC01084962202419 December 2024Bench: MR. JUSTICE PARTHA SARTHY,THE CHIEF JUSTICE-3 pages
AI SummaryRemanded

Facts

The petitioner, Amitamshu Tradcon Private Limited, filed writ petitions challenging assessment orders and orders in Form GST DRC-07. The impugned orders were passed by the Assistant Commissioner of State Tax, Audit, Darbhanga Division, and the Assistant Commissioner of State Tax, Begusarai Circle. The petitioner contended that these orders were passed without providing a personal hearing as mandated by Section 75(4) of the GST enactments. The tax periods and the specific amounts in dispute are not explicitly stated in the provided text. The procedural history involves the filing of writ petitions before the Patna High Court.

Held

The Court held that the impugned assessment orders and the orders in Form GST DRC-07 were passed in violation of the statutory mandate for a personal hearing under Section 75(4) of the GST enactments. The Court reasoned that the failure to provide a personal hearing is a violation of a statutory requirement. Consequently, the Court set aside the impugned orders. The matter was remitted to the Assessing Officer. The petitioner was directed to appear before the Assessing Officer on January 15, 2025. If the petitioner appears on the notified date or an adjourned date, the Assessing Officer is to pass fresh orders after hearing the assessee within three months from the date of the judgment or within the remaining limitation period, whichever is later. The ratio decidendi is that a statutory mandate for a personal hearing must be adhered to; non-compliance vitiates the order.

Key Issues

1. Whether the assessment orders and orders in Form GST DRC-07 were passed in violation of the statutory mandate for a personal hearing under Section 75(4) of the GST enactments? Petitioner's Contention: The petitioner argued that the impugned assessment orders and the orders in Form GST DRC-07 were passed without granting a personal hearing, thereby violating the statutory requirement under Section 75(4) of the GST enactments. The petitioner sought to have these orders set aside on this ground. Revenue's Contention: The judgment does not record any specific arguments made by the revenue or state respondents on this issue. However, the court's decision implies that the revenue's position, or at least the court's interpretation of the law, did not preclude the petitioner's claim regarding the lack of personal hearing.

Sections Cited

Section 75(4)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13405 of 2024 ====================================================== Amitamshu Tradcon Private Limited a Private Limited Company incorporated under the Companies Act, 1956 having its office at C/o Anil Kumar, At Bihat, Tola Gurdaspur, Bihat, Begusarai- 851135, Bihar through its Director Amit Kumar (Male, aged about 38 years) son of Anil Kumar Resident of N.H. 31, Bihat, Zero Mile, Begusarai- 851135, Bihar. ... ... Petitioner/s Versus 1. Union of India through the Secretary, Finance, North Block, New Delhi- 110001. 2. Central Board of Indirect Taxes and Customs, Ministry of Finance, Government of India having its office at North Block, New Delhi- 110001. 3. State of Bihar through Commissioner of State Tax, Bihar, Patna having its office at Vikash Bhawan, Patna. 4. Asst. Commissioner of State Tax, Audit, Darbhanga Division, Darbhanga, Bihar. 5. Asst. Commissioner of State Tax, Begusarai Circle, Bihar. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13825 of 2024 ====================================================== Amitamshu Tradcon Private Limited, a Private Limited Company Incorporated under the Companies Act, 1956 having its office at C/o Anil Kumar, At Bihat, Tola Gurdaspur, Bihat, Begusarai- 851135, Bihar through its Director Amit Kumar (Male, aged about 38 years) son of Anil Kumar resident of N.H. 31, Bihat, Zero Mile, Begusarai- 851135, Bihar. ... ... Petitioner/s Versus 1. Union of India through the Secretary, Finance North Block, New Delhi- 110001. 2. Central Board of Indirect Taxes and Customs, Ministry of Finance, Government of India having its office at North Block, New Delhi- 110001. 3. State of Bihar, through Commissioner of State Tax, Bihar, Patna having its office at Vikas Bhawan, Patna. 4. Asst. Commissioner of State Tax, Audit, Darbhanga Division, Darbhanga, Bihar. 5. Asst. Commissioner of State Tax, Begusarai, Circle, Bihar. ... ... Respondent/s ====================================================== Patna High Court CWJC No.13405 of 2024 dt.19-12-2024 2/3 Appearance : (In Civil Writ Jurisdiction Case No. 13405 of 2024) For the Petitioner/s : Mr. D.V.Pathy, Advocate For the Respondent/s : Dr. K.N. Singh, ASG Mr. Vivek Prasad, GP-7 Ms. Roona, AC to GP-7 Mr. Sanjay Kumar, AC to GP-7 (In Civil Writ Jurisdiction Case No. 13825 of 2024) For the Petitioner/s : Mr. D.V.Pathy, Advocate For the Respondent/s : Dr. K.N. Singh, ASG Mr. Vivek Prasad, GP-7 Ms. Roona, AC to GP-7 Mr. Sanjay Kumar, AC to GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-12-2024 The contentions raised in the present writ petitions on limitation are answered in C.W.J.C. No. 4180 of 2024 and analogous cases, M/s Barhonia Engicon Private Limited v. The Union of India and Ors. vide judgment dated 27.11.2024, against the petitioner.

2.

It is submitted on behalf of the petitioner that the assessment orders impugned have been passed without granting a personal hearing under Section 75(4) of the GST enactments, in which circumstance, the impugned orders and the orders in Form GST DRC-07 dated 30.10.2023 and 21.04.2024 (Annexure P-5 series) respectively, are set aside on violation of the statutory mandate for notice of personal hearing and the matter is remitted to the Assessing Officer directing the assessee

Patna High Court CWJC No.13405 of 2024 dt.19-12-2024 3/3 to appear before the Assessing Officer on 15.01.2025. If he appears on the date notified, or on a date once adjourned, the Assessing Officer after hearing the assessee shall pass orders within three months from the date of this judgment or within the limitation period provided, if not expired, whichever falls later.

3.

The writ petitions stand disposed of with the above directions.

avinash/- (K. Vinod Chandran, CJ) (Partha Sarthy, J) AFR/NAFR CAV DATE N/A Uploading Date 20.12.2024 Transmission Date N/A

Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.