2023 (10) TMI 410 - HC - GST

Legal Challenge Dismissed: Appellants Ordered to Respond to Show Cause Notice by 16 October 2023

HC dismissed intra-court appeals challenging a preliminary investigation report and show cause notice. The court directed appellants to submit a reply to ... Apprehension of pre-judging the matter - Validity of preliminary report which was drawn by the authorities concerned - appellants/ assessees did not file their rebuttal to the preliminary report as there was an application pending before the Special Commissioner - HELD THAT:- The challenge to the preliminary report dated 02.06.2023 has worked itself out inasmuch as subsequently a final report has been drawn on 24.07.2023 and the correctness of the said report also need not be gone into at this juncture since the matter has now travelled to the stage of issuance of the show cause notice dated 23.08.2023. The appellants should participate in the adjudicating proceedings by filing an appropriate reply to the show cause notice dated 23.08.2023. In reply to the show cause notice, the appellants are entitled to raise all factual and legal issues including the issue that the Bureau of Investigation cannot act or function as an adjudicating authority to adjudicate the show cause notice. If such a plea is raised, the said authority who had issued the show cause notice shall decide the said contention as first amongst the several contentions that may be raised by the appellants in reply to the show cause notice. Since the time limit prescribed for submitting the explanation to the show cause notice has already expired, the time is extended and the appellants shall submit their reply to the show cause notice not later than 16th October, 2023. Appeal dismissed. Issues involved: Intra court appeals against orders in Writ Petitions 13343 of 2023 and 13349 of 2023 challenging a preliminary report, the authority of the Bureau of Investigation to issue a show cause notice, and the subsequent issuance of a show cause notice.Writ Petitions Challenging Preliminary Report:The appellants filed writ petitions challenging a preliminary report drawn by authorities on 02.06.2023, which the learned Single Bench deemed premature. A final report was later drawn on 24.07.2023, with the appellants given an opportunity to file a rebuttal. Although the rebuttal was not filed due to a pending application before the Special Commissioner, a show cause notice was issued based on the final report. The Form GST DRC-01A with an annexure was found to not explicitly narrate allegations, leading to a contention that pre-judgment was made. However, a subsequent show cause notice issued on 23.8.2023 considered the allegations from the final report without pre-judging the matter.Authority of Bureau of Investigation to Issue Show Cause Notice:The appellants challenged the authority of the Bureau of Investigation, South Bengal Headquarter, to issue the show cause notice, arguing it was not an adjudicating authority. The contention was countered by stating that the notice was issued by an officer in the rank of Deputy Commissioner, State Tax, who is authorized to adjudicate a show cause notice.Conclusion and Directions:The challenge to the preliminary report was considered worked out as a final report had been issued, leading to the issuance of a show cause notice dated 23.08.2023. The appellants were directed to participate in the adjudicating proceedings by submitting a reply to the show cause notice by 16th October, 2023. They were allowed to raise all factual and legal issues, including the authority of the Bureau of Investigation to adjudicate the notice. For a related case in MAT 1425 of 2023, where a show cause notice was yet to be issued, the authority was directed to issue the notice and grant reasonable time for a reply. Both cases would be adjudicated jointly on a fixed date.Dismissal of Appeals:With the above observations and directions, the appeals were dismissed by the High Court.