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Fresh opportunity be granted for personal hearing when SCN was inadvertently sent to old address of the Assessee

Bimal jain
Fresh Hearing Required if Show Cause Notice Sent to Wrong Address; Original Order Set Aside for Fair Process. The Madras High Court ruled that a fresh opportunity for a personal hearing and filing of a reply must be granted when a Show Cause Notice (SCN) was mistakenly sent to an old address of the assessee. The petitioner challenged the original order, arguing that they were not given a chance to contest the demand due to the SCN being sent to an outdated address. The court set aside the original order, directing the petitioner to file a reply after receiving the SCN at the correct address, allowing them to contest the tax demand on its merits. (AI Summary)

The Hon’ble Madras High Court in C. EKAMBARAM VERSUS THE ASSISTANT COMMISSIONER OF GST & CENTRAL EXCISE, CHENNAI - 2024 (6) TMI 1307 - MADRAS HIGH COURT held that fresh opportunity be granted for personal hearing and filing of reply when Show Cause Notice (“the SCN”) was inadvertently sent to old address of the Assessee.

Facts:

C. Ekambaram (“the Petitioner”) filed a writ petition against the Order-in-Original dated October 26, 2022(“the Impugned Order”) passed by the Revenue department (“the Respondent”) on the ground that the Petitioner be granted an opportunity to contest the demand on merits as the Impugned Order was passed stating that no person was found on the address where SCN was sent as the Petitioner had shifted to new address. Also, it is stated that as the Petitioner was not registered for Service Tax purposes, the SCN was sent to the address as per the data on the Income Tax Portal which was the old address of the Petitioner.

Issue:

Whether fresh opportunity be granted for filing of reply and personal hearing when SCN was inadvertently sent to old address of the Assessee?

Held:

The Hon’ble Madras High Court inthe case of C. EKAMBARAM VERSUS THE ASSISTANT COMMISSIONER OF GST & CENTRAL EXCISE, CHENNAI - 2024 (6) TMI 1307 - MADRAS HIGH COURT  allowed the writ petition and held that the Petitioner be granted an opportunity to the Petitioner to contest the tax demand on merit. Hence, the Impugned Order was set aside and the Petitioner was directed to file reply after the receipt of SCN.

(Author can be reached at [email protected])

Goods and Services Tax - GST
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