Timely GST Petition Upheld: Petitioner Directed to File Appeal with Commissioner, Ensuring Fair Hearing and Procedural Compliance

HC found the petition under Section 107 of CGST Act, 2017 was timely filed. Despite allegations of pre-deposit evasion, the court did not substantiate the claim. The petitioner was directed to file an appeal before the Commissioner (GST Appeals) within seven days, with instructions to pass a reasoned order within 30 days, following principles of natural justice and providing adequate hearing opportunity.

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Issues involved: Challenge to impugned order dated 29.08.2023 under Section 107 of the Central Goods and Services Tax Act, 2017; Allegation of evasion of pre-deposit by the Petitioner; Violation of principles of natural justice in the proceedings.

Summary:

Challenge to Impugned Order:
The Petition was filed within the statutory limitation period of 90 days under Section 107 of the CGST Act, 2017, with the possibility of condoning the delay for a further 30 days. The Court found the Petition to be within limitation as it was filed on 22.12.2023 through E-filing.

Allegation of Evasion of Pre-Deposit:
The GST department alleged that the Petitioner approached the Court to avoid making a pre-deposit, referencing a previous order by the Supreme Court. However, the Court did not find this allegation to be substantiated.

Violation of Principles of Natural Justice:
The Petitioner was served with a notice granting time to reply and show cause on the delay, with an opportunity for a hearing and submission of documents. As the Petitioner did not participate in the hearing or submit a reply, the impugned order was passed. The Court noted that the Petitioner's claim of not being granted a hearing opportunity was incorrect.

Relegation to Appeal Forum:
Based on the law laid down by the Supreme Court, the Court decided to relegate the Petitioner to the appellate authority, the Commissioner (GST Appeal). The Petitioner agreed to file an appeal within seven days, with a request for an expeditious decision. The Court disposed of the Petition as withdrawn, directing the Petitioner to file the appeal within the specified timeframe.

Procedure Before Commissioner (GST Appeals):
The Commissioner (GST Appeals) was instructed to follow the legal procedure for hearing, including notifying the Petitioner via Email. The Petitioner was directed not to claim lack of opportunity to read or access the Email notice. The Commissioner was required to pass a reasoned order within 30 days from the filing of the appeal, considering all the Petitioner's contentions.

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