2019 (9) TMI 1244 - HC - GST

High Court upholds GST summons under Section 70, stresses exhausting administrative remedies

M/s. A.A. Traders, M/s. Ayaan Traders Versus The Superintendent of GST & Central Excise Office of the Principal Commissioner of GST and Central Excise Chennai North Commissionerate GST Bhavan

M/s. A.A. Traders, M/s. Ayaan Traders Versus The Superintendent of GST & Central Excise Office of the Principal Commissioner of GST and Central Excise ... Issues:Challenge to summon under Section 70 of the Central Goods and Services Tax Act, 2017 for alleged GST evasion.Analysis:The High Court of Madras dealt with writ petitions challenging summon issued under Section 70 of the Central Goods and Services Tax Act, 2017. The petitioners were directed to appear with relevant documents for an enquiry regarding alleged GST evasion. The petitioners contended that the short notice period for appearance rendered the summon invalid. However, the court held that it was the petitioners' responsibility to request additional time from the respondent instead of directly filing writ petitions. The court dismissed the writ petitions on grounds of maintainability but granted the petitioners liberty to approach the respondent for more time if needed. No costs were imposed, and connected miscellaneous petitions were closed.This judgment emphasizes the importance of following due process and exhausting administrative remedies before seeking judicial intervention. The court highlighted that petitioners should first seek extensions or accommodations from the concerned authority before resorting to legal action. By dismissing the writ petitions as not maintainable, the court upheld the principle of allowing administrative bodies to address grievances before judicial interference. The decision reflects the court's stance on procedural compliance and the need for parties to engage with administrative processes before approaching the court for relief.