Mohammed Jahangir vs. State Of West Bengal And Ors.
Facts
The petitioner, Mohammed Jahangir, challenged an order dated November 18, 2021, passed by the respondent GST authority. The petitioner contended that the order was issued without a proper show-cause notice that disclosed reasons. The State respondent produced a document indicating a show-cause notice was issued, but acknowledged it lacked specific reasons. The State also mentioned an prior intimation with reasons was sent, to which no response was received. However, the State conceded that this did not absolve them of the duty to communicate the reasons for the show-cause notice.
Held
The Court held that the impugned order dated November 18, 2021, was passed without a proper show-cause notice that disclosed reasons. The Court found merit in the petitioner's argument that the absence of disclosed reasons in the show-cause notice was a procedural defect. The State's submission that an intimation with reasons was sent and not responded to did not cure this defect. Consequently, the Court set aside the impugned order. The matter was remanded back to the respondent officer to pass a fresh order. This fresh order must be preceded by issuing a show-cause notice that clearly states the reasons for its issuance, considering any response from the petitioner to these reasons, and providing an opportunity for a hearing. The final order must be a speaking and reasoned order.
Key Issues
1. Whether the impugned order dated November 18, 2021, passed by the respondent GST authority is liable to be set aside on the ground that it was passed without serving a proper show-cause notice disclosing reasons, as argued by the petitioner. The petitioner contended that the show-cause notice lacked reasons, rendering the subsequent order invalid. The State respondent, while producing a document showing a show-cause notice was issued, conceded that it did not disclose specific reasons. The State argued that an earlier intimation with reasons was sent, and no response was received, but acknowledged this did not excuse the lack of reasons in the show-cause notice itself.
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2022. p.b. Sl. No.
W.P.A. 10185 of 2022 Mohammed Jahangir Vs. The State of West Bengal & Ors. Ms. Sweta Mukherjee. ……..for the petitioner. Mr. A. Ray, Mr. T. M. Siddiqui, Mr. D. Ghosh. ……..for the State. Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 18th November, 2021 passed by the respondent GST authority on the ground that the same was passed without serving any show-cause notice and disclosing any reason in the purported show-cause notice. Mr. Ghosh, appearing for the State respondent produces the document to show that the show-cause notice was issued in the matter but without disclosing any reason and he submits that before issuing the show-cause notice, an intimation was given with reason and no response was received to the intimation, that does not absolve the respondent of its duty to communicate the reason for issuance of show-cause notice. Considering the submission of the parties, the impugned order dated 18th November, 2021 at the writ petition is set aside and the matter is remanded back to the respondent officer concerned to pass a fresh order after
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