M/S Gopal Datt Sharma vs. The Commissioner State Tax

Heard Shri Tarun Pande, learned counsel for the petitioner- firm and Ms. Puja Banga, learned Standing Counsel for the respondents-State.

The petitioner-firm has assailed the order dated 11.02.2025 passed by respondent no.3, under Section 73 of the C.G.S.T Act/ SGST Act, demanding tax of Rs.1,38,700.08/-, and penalty of Rs.20,000/-, plus interest, total sum of Rs.1,58,700.8/-.

The case of the petitioner-firm is that a show cause notice was issued to the petitioner-firm on 21.11.2024, whereby time was granted to the petitioner-firm to submit its reply by 21.12.2024. By the same notice, date of personal hearing was fixed for 05.12.2024, i.e., before the date fixed for submission of reply.

The contention of learned counsel for the petitioner firm is that the date of personal hearing could not have been fixed before the date fixed for submission of reply. The procedure adopted by the respondents was, therefore, wholly illegal.

The further submission is that the show cause notice was not served upon the petitioner-firm by any physical mode, but by 1

Learned counsel for the petitioner-firm placed reliance on a judgment of Coordinate Bench in Writ Petition (M/B) No.123 of 2025, M/s Modine Thermal Systems Private Limited v. State of Uttarakhand and others, in support of the submission that the date of personal hearing could not be prior to the date fixed for submission of reply to the show cause notice. The relevant extract from the said judgment is as follows: “5) A conjunctive reading of Section 73, 74 and 75 makes it apparent that the approach adopted by the Authority is contrary to the scheme of the Act. Sub Section 4 and 5 of Section 75 of the Act reads as under:- “75.(4) An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person. (5) The proper officer shall, if sufficient cause is shown by the person chargeable with tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing: Provided that no such adjournment shall be granted for more than three times to a person during the proceedings.” (6) The scheme of the Act enables the assessee to seek for adjournment not in excess of three times and it is pertinent to note that sub-section 5 succeeds subsection 4, which enables the assessee to seek for a personal hearing. Section 75 relates to the procedural aspect that is required to be followed by the Authorities in the matter of determination of assessment, more particularly, of tax that has escaped assessment. 7) If the statute stipulates a matter to be performed in a particular manner, the same shall be performed in that manner only. Law in this regard is no more res integra and is well-settled by catena of judgments of the Apex Court.”

Learned counsel for the Revenue Ms. Puja Banga is not in 2

Consequently, the order of assessment cannot be sustained and is, hereby, quashed. The matter is remitted back to the Assessing Officer to proceed from the stage of show cause notice, and grant opportunity to the petitioner-firm to file its reply and, thereafter, fix a date for personal hearing.

Accordingly, the Writ Petition stands disposed of.

All pending applications stand disposed of accordingly.