GST proceedings upheld after assessee fails to respond to show cause notice under Section 74(9)

The Allahabad HC dismissed a petition challenging GST proceedings where the assessee failed to respond to a show cause notice dated 17.02.2022. The taxing authority passed an order under Section 74(9) on 22.03.2022 without providing personal hearing. The assessee argued violation of natural justice under Section 75(4) and sought extension of limitation period based on GST Council's 52nd meeting. The HC held that Section 75(4) provisions were not attracted as the assessee neither requested hearing nor replied to the notice. The appeal was correctly dismissed as time-barred, with no sufficient cause shown for delay beyond statutory periods under Section 107(4). The petition was disposed of without interference.

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Issues involved:
The issues involved in the judgment are (1) whether personal hearing should have been given to the petitioner before the order was passed by respondent No.2 in proceedings under Section 74, and (2) whether the period of limitation in filing the appeal stood extended pursuant to the 52nd Meeting of the GST Council held on 7th October, 2023 and if the benefit should be passed on to the petitioner.

Issue 1: Personal Hearing
The petitioner, a proprietorship firm registered under the UPGST Act and CGST Act, was issued a notice under Section 74(1) of the Act on 17.02.2022, regarding a dispute for the period June 2019, Financial Year 2019-20. The Taxing Authority passed an order imposing penalty and interest on 22.03.2022, which was appealed by the petitioner but dismissed on 11.08.2023 due to delay. The petitioner contended that no personal hearing was provided before the final order was passed, citing relevant case laws. However, the Court found that as the petitioner did not reply to the notice, the provisions of Section 75(4) requiring an opportunity of hearing were not attracted, and hence, the order was upheld.

Issue 2: Extension of Limitation Period
The petitioner argued that the period of limitation for filing the appeal should be extended based on the decision of the 52nd Meeting of the GST Council. The Court noted that the appeal did not provide sufficient grounds for condoning the delay, and as per Section 107(4) of the Act, the Appellate Authority rightly dismissed the appeal due to the expired limitation period. Citing legal precedents, the Court emphasized that the Act is a special statute with an inbuilt mechanism excluding the application of the Limitation Act. However, considering the GST Council's extension of the limitation period till 31st January 2024 under an amnesty scheme, the Court remanded the matter back to the Appellate Authority for reevaluation.

Conclusion
The Court found no interference necessary in the notice issued by respondent No.2 on 17.02.2022 and the consequential order passed on 22.03.2022. However, the appellate order of 11.08.2023 was set aside, and the matter was remanded back to the Appellate Authority for a fresh consideration, especially regarding the limitation period in light of the GST Council's amnesty scheme. The writ petition was disposed of with these observations.

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