2022 (9) TMI 93 - HC - GST

GST Act Section 74: Procedural Fairness Prevails in Show Cause Notice Challenge, Ensuring Comprehensive Review and Timely Resolution

M/s Bum Bum Corporation Through Partner Vijay Kumar Chourasiya Versus The State Of Madhya Pradesh Through Secretary Finance Deptt. Vallabh Bhawan Bhopal, State Tax Commissoner Under Gst Act, State Tax Officer

HC addressed a GST Act Section 74 show cause notice challenge. A subsequent notice was issued with specific reasons after the initial notice was deemed ... Validity of SCN - SCN did not inform the petitioner of the exact reasons thereby disabling the petitioner to file an effective reply - Section 74 of the GST Act, 2017 - HELD THAT:- If the petitioner has not yet filed any reply to the said show cause notice dated 24.12.2021 issued under Section 74 of M.P.G.S.T Act 2017 in relation to the assessment year 2017-18, then the petitioner is directed to submit a reply to the same within 30 days and with a corresponding direction to the competent Authority to decide it as expeditiously as possible. If a reply has already been submitted to the subsequently issued show cause notice dated 24.12.2021, then the same shall be considered along with earlier reply and the competent authority i.e. respondent No.3 shall proceed to pass appropriate orders in accordance with law as expeditiously as possible. Petition disposed off. Issues:Challenge to show cause notice under Section 74 of the GST Act, 2017 for lack of specific reasons, issuance of a subsequent show cause notice with reasons, direction for petitioner to reply within 30 days, consideration of earlier and subsequent replies for passing appropriate orders.Analysis:The petition was initially filed challenging a show cause notice issued under Section 74 of the GST Act, 2017 dated 15.09.2021, contending that it did not specify the exact reasons, hindering the petitioner from filing an effective reply. In response, a reply was submitted raising the ground of absence of reasons. Subsequently, a fresh show cause notice dated 24.12.2021 was issued, which explicitly mentioned the reasons for its issuance, addressing the petitioner's grievance. The court directed the petitioner to submit a reply within 30 days if no response had been filed to the show cause notice dated 24.12.2021 related to the assessment year 2017-18. The competent Authority was instructed to decide on the matter promptly.If a reply had already been submitted to the subsequently issued show cause notice dated 24.12.2021, it would be considered alongside the earlier reply submitted during the petition. The competent authority, i.e., respondent No.3, was directed to proceed with passing appropriate orders in compliance with the law expeditiously. The petition was disposed of with the aforementioned observations, ensuring the petitioner's right to reply and a fair consideration of the responses provided.