2024 (1) TMI 661 - HC - GST

Tax Authorities Ordered to Provide Fair Hearing and Review ITC Blocking Order with Proper Documentation Submission

Brakes India Private Limited, Represented by its Executive Director - Finance & CFO Mr. G. Shankar Versus Assistant Commissioner (ST), Chennai

HC found that tax authorities failed to provide reasonable opportunity to the petitioner regarding ITC blocking. The court quashed the order and remanded ... Blocking of petitioner's Input Tax Credit (ITC) under Rule 86-A of the TNGST / CGST Rules, 2017 - reasonable opportunity was not provided to the petitioner to submit relevant documents and to explain the facts and circumstances - violation of principles of natural justice - HELD THAT:- As a consequence of the impugned order, the petitioner has been directed to reverse ITC of a substantial value. Such action has been taken pursuant to a show cause notice dated 09.10.2023, which the petitioner asserts was received on the date of hearing. These facts reveal that a reasonable opportunity was not provided to the petitioner to submit necessary documents and provide an explanation to the respondent. On this limited ground, albeit without expressing any opinion on the merits in the matter, the impugned order calls for interference. The petition is allowed by quashing the impugned order dated 30.10.2023 and remanding the matter for re-consideration. The respondent is directed to provide a reasonable opportunity to the petitioner, including a personal hearing, and dispose of the matter by a reasoned order - petition is allowed by way of remand. Issues involved:The issues involved in the judgment are regarding the blocking of Input Tax Credit (ITC) under Rule 86-A of the TNGST / CGST Rules, 2017, lack of reasonable opportunity provided to the petitioner to submit relevant documents and explain the facts, and the direction to reverse ITC of a substantial value without proper opportunity for the petitioner to defend.Blocking of Input Tax Credit (ITC):The petitioner, a registered person under the current GST regime, faced an order proposing to block their ITC in relation to purchases made from M/s. Quality Traders. The ground for this action was that Quality Traders were deemed to be non-existent or bill traders. In response, the petitioner issued a reply to the initial notice. Subsequently, a show cause notice was issued fixing a personal hearing on the same day it was served via email, providing insufficient time for the petitioner to adequately respond. This led to the filing of the writ petition challenging the lack of a reasonable opportunity for the petitioner to present their case.Reasonable Opportunity and Interference:The respondent argued that a show cause notice was sent to the petitioner via registered post, claiming that a reasonable opportunity was indeed provided. However, the petitioner contended that the notice was received on the day of the hearing, limiting their ability to submit necessary documents and explanations. The court, without delving into the merits of the case, acknowledged that the lack of adequate opportunity warranted interference with the impugned order directing the reversal of ITC.Judgment and Remand:The court allowed the writ petition by quashing the order dated 30.10.2023 and remanding the matter for reconsideration. The respondent was instructed to afford the petitioner a reasonable opportunity, including a personal hearing, and to issue a reasoned order after the petitioner submits all relevant documents by 24.01.2024. A deadline of four weeks from the receipt of documents was set for issuing the reasoned order. No costs were awarded, and related motions were closed as a consequence of the judgment.