2023 (12) TMI 1311 - HC - Service Tax

Writ petition dismissed; petitioner in goods transport directed to seek relief via Appellate Authority within three months.

M/s. M.M.A. Transport Pvt. Ltd Versus The Commissioner (Appeals – II) Office of the Commissioner of GST & Central Excise (Appeals – II) Chennai And The Additional Commissioner Office of the Commissioner of GST & C. Ex, Chennai South Commissionerate Chennai

The High Court dismissed the writ petition challenging the impugned order dated 17.10.2023 issued by the Assessing Officer, finding no illegality in the ... Validity of assessment order - no stay has been granted by the Appellate Authority in the appeal preferred by the petitioner - HELD THAT:- Upon consideration of the submissions made by the learned counsel appearing for the petitioner as well as learned Senior Standing Counsel appearing for the respondents and on perusing the documents, it appears that the original assessment order has been challenged before the Lower Appellate Authority (LAA) and the said LAA has passed the order on 06.06.2023 remanding the matter back to the assessing officer and the assessing officer thereafter passed the impugned order dated 17.10.2023. In the meantime, the petitioner filed appeal before the CESTAT however no interim order has been passed. Since no interim order has been obtained by the petitioner, the assessing officer proceeded to pass the impugned order. There are no illegality or irregularity in the order passed by the Assessing Officer, taking into consideration the decision making process on his part in passing the impugned order. The petition is dismissed. ISSUES PRESENTED AND CONSIDERED 1. Whether the Assessing Officer committed illegality or irregularity by passing an assessment order while an appeal arising from an earlier remand order was pending before the Appellate Tribunal without any interim stay. 2. Whether the writ jurisdiction is the appropriate forum to challenge the Assessing Officer's impugned assessment order when an appeal against the same or related orders is pending before the statutory Appellate Tribunal. 3. Whether directions as to disposal time for a pending statutory appeal by the Appellate Authority are appropriate in the exercise of writ jurisdiction where no interim relief was sought or granted. ISSUE-WISE DETAILED ANALYSIS Issue 1: Legality of the Assessing Officer passing assessment while appellate proceedings pending without interim stay Legal framework: Statutory scheme permits assessment proceedings to continue subject to any stay or suspension granted by competent appellate authority; absence of an interim order from the Appellate Tribunal ordinarily leaves the Assessing Officer free to proceed with assessment. Precedent Treatment: No precedent was cited or applied in the judgment; the Court relied on the statutory procedural position that an appellate order staying or suspending the operation of assessment is necessary to restrain the Assessing Officer. Interpretation and reasoning: The Court observed that the Lower Appellate Authority had remanded the matter to the Assessing Officer on 06.06.2023. An appeal was thereafter filed before the Appellate Tribunal but no interim order was granted. In those circumstances the Assessing Officer's decision to proceed and pass the impugned assessment order was within the bounds of lawful administrative action because there was no subsisting stay or suspension of proceedings by the appellate forum. Ratio vs. Obiter: Ratio - where no interim order is in place from the appellate forum, the Assessing Officer may continue and conclude assessment proceedings. Obiter - implicit comments on the propriety of communicating with the taxpayer and opportunity to file documents were not treated as invalidating the assessment. Conclusions: The Court found no illegality or irregularity in the Assessing Officer passing the impugned assessment order in the absence of any interim order from the Appellate Tribunal. Issue 2: Appropriateness of writ jurisdiction to impugn assessment/order when appellate remedy is available and pending Legal framework: Principles of administrative law and writ jurisdiction favour exhaustion of adequate statutory remedies; writ relief is discretionary and generally not entertained where an efficacious alternative statutory remedy exists and is pending. Precedent Treatment: The judgment did not rely on or distinguish any specific authorities, but applied the settled jurisdictional principle that a pending statutory appeal renders writ intervention inappropriate unless exceptional circumstances exist. Interpretation and reasoning: The Court noted that the petitioner had an appeal pending before the Appellate Tribunal and no stay had been obtained. Given the availability of the statutory appellate forum and the absence of extraordinary circumstances (such as breach of natural justice or jurisdictional excess), the High Court concluded that writ corpus was not the proper forum to interfere with the assessment order. Ratio vs. Obiter: Ratio - writ petition was not maintainable in view of an available and pending statutory appeal; petitioner must pursue appellate remedies. Obiter - suggestion that petitioner could approach the Lower Appellate Authority for appropriate relief if aggrieved by the Assessing Officer's conduct. Conclusions: The petition was dismissed on the ground that the appropriate recourse was through the statutory appellate process; the Court declined to grant writ relief. Issue 3: Power of the Court to direct time-bound disposal of appellate proceedings by the Appellate Authority Legal framework: While writ jurisdiction is discretionary, courts may issue incidental directions to ensure effective exercise of statutory remedies, including time-bound disposal, particularly to prevent undue delay and to secure justice. Precedent Treatment: No specific precedent cited; the Court exercised its supervisory jurisdiction to issue a time-limit direction as a procedural measure consistent with ensuring the efficacy of the appellate remedy. Interpretation and reasoning: Although the Court declined to interfere with the substance of the assessment, recognizing the pendency of the appeal and the petitioner's grievance about delay, the Court granted liberty to approach the Appellate Authority and directed the Appellate Authority to dispose of the appeal within three months from receipt of the order, as a measure to expedite resolution. Ratio vs. Obiter: Ratio - court may impose a reasonable time frame for disposal of pending statutory appeals to safeguard timely adjudication. Obiter - absence of express findings on the merits of the appeal; direction limited to procedural timeline and does not prejudge substantive issues. Conclusions: The Court directed the Appellate Authority to dispose of the pending appeal within three months, while refusing to set aside the impugned assessment order through writ relief. Cross-References and Practical Outcomes 1. The conclusions on Issues 1 and 2 are interlinked: because no interim order was obtained from the Appellate Tribunal, the Assessing Officer lawfully proceeded (Issue 1), and therefore the High Court declined to entertain the writ petition when the statutory appeal remained pending (Issue 2). 2. The procedural remedy (Issue 3) was granted to mitigate potential prejudice from delay: the Court dismissed the writ petition but directed a time-bound disposal of the statutory appeal, preserving the appellate route as the appropriate forum for substantive adjudication.