2023 (12) TMI 1399 - AT - GST

Advance ruling authority violated natural justice by not sharing DGGI documents with appellant before rejecting GST application

IN RE : TAMIL NADU NURSES AND MIDWIVES COUNCIL

The Appellate Authority for Advance Ruling, Tamil Nadu held that the advance ruling authority violated principles of natural justice by failing to share ... Levy of GST on various fees collected by Tamil Nadu Nurses and Midwives Council, a Government Authority - opportunity of hearing not provided - violation of principles of natural justice - HELD THAT:- The rejection of application for advance ruling in the instant case stems from the fact that an investigation initiated by DGGI against the appellant is pending on the same issue. This being the case, the advance ruling authority ought to have shared the new findings of DGGI that was lying before them, and discussed the same in detail, either during the personal hearing, or thereafter, before proceeding to finalise the case. The principles of natural justice have not been followed in the instant case, since the advance ruling authority had erred in not sharing the documents and comments forwarded by DGGI, with the appellants. Accordingly, justice will be met by restoring the application for advance ruling to its original position, by way of remanding the case to the lower authority, with a direction to forward the letter dated 28.07.2022 of DGGI along with its enclosures to the appellant enabling them to comment on the same, and to offer them another opportunity of personal hearing before deciding the case as per the provisions of law. Conclusion - The principles of natural justice have not been followed in the instant case, since the advance ruling authority had erred in not sharing the documents and comments forwarded by DGGI, with the appellants. The matter is remanded to the Lower Authority for consideration and passing of appropriate orders, after following the principles of natural justice. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment are:Whether the application for advance ruling filed by the Tamil Nadu Nurses and Midwives Council (Appellant) was validly rejected by the Advance Ruling Authority based on the pending investigation by the Directorate General of Goods and Services Tax Intelligence (DGGI).Whether the term 'proceedings' under the Goods and Services Tax (GST) Act includes investigations or inquiries, thereby affecting the admissibility of the application for advance ruling.Whether the principles of natural justice were adhered to in the proceedings before the Advance Ruling Authority.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Validity of Rejection of Application for Advance RulingRelevant Legal Framework and Precedents: The rejection was based on the first proviso to Section 98(2) of the CGST Act, which prohibits the admission of an application if the question raised is already pending or decided in any proceedings under the Act.Court's Interpretation and Reasoning: The court noted that the Advance Ruling Authority rejected the application because an investigation by DGGI was ongoing, which was considered a 'proceeding' under the Act.Key Evidence and Findings: The Advance Ruling Authority relied on the investigation and incident report by DGGI, determining a tax amount of Rs. 474 lakhs, to conclude that proceedings were pending.Application of Law to Facts: The court found that the rejection was based on the interpretation that an investigation constitutes a proceeding, impacting the admissibility of the application.Treatment of Competing Arguments: The Appellant argued that an investigation does not equate to a proceeding and cited various judgments to support their stance. They contended that only a show cause notice or order could initiate a proceeding.Conclusions: The court concluded that the rejection was not justified without considering the principles of natural justice and the proper definition of 'proceedings.'Issue 2: Definition of 'Proceedings' under GST ActRelevant Legal Framework and Precedents: The term 'proceedings' was debated with reference to Section 98(2) of the CGST Act and various judicial interpretations distinguishing it from investigations.Court's Interpretation and Reasoning: The court recognized the need to differentiate between investigations and proceedings, noting that the term 'proceedings' typically involves formal actions like show cause notices or orders.Key Evidence and Findings: The Appellant cited Supreme Court and High Court judgments emphasizing that proceedings commence with a show cause notice or adjudication order.Application of Law to Facts: The court acknowledged that the ongoing investigation by DGGI did not constitute a proceeding as defined by the precedents cited by the Appellant.Treatment of Competing Arguments: The Advance Ruling Authority's interpretation was challenged by the Appellant, who argued that the investigation was merely an inquiry and not a proceeding.Conclusions: The court concluded that the investigation did not qualify as a proceeding, and the rejection of the application on this basis was incorrect.Issue 3: Adherence to Principles of Natural JusticeRelevant Legal Framework and Precedents: The principles of natural justice require that parties be given an opportunity to respond to evidence and arguments presented against them.Court's Interpretation and Reasoning: The court found that the Advance Ruling Authority failed to share the DGGI's findings with the Appellant, thereby violating natural justice principles.Key Evidence and Findings: The Appellant was not informed about the additional material submitted by DGGI, nor were they given a chance to comment on it.Application of Law to Facts: The court determined that the lack of disclosure and opportunity to respond rendered the proceedings unfair.Treatment of Competing Arguments: The Appellant's claim of a breach of natural justice was supported by prior rulings emphasizing the need for transparency and opportunity to be heard.Conclusions: The court held that the principles of natural justice were not followed, warranting a remand for reconsideration.3. SIGNIFICANT HOLDINGSPreserve Verbatim Quotes of Crucial Legal Reasoning:'The principles of natural justice have not been followed in the instant case, since the advance ruling authority had erred in not sharing the documents and comments forwarded by DGGI, with the appellants.'Core Principles Established:Investigations do not constitute 'proceedings' under the GST Act for the purpose of rejecting an application for advance ruling.The principles of natural justice require full disclosure and an opportunity to respond to all evidence and arguments.Final Determinations on Each Issue:The rejection of the application for advance ruling was set aside due to the misinterpretation of 'proceedings' and violation of natural justice.The matter was remanded to the Lower Authority for reconsideration, with instructions to follow the principles of natural justice.