2022 (12) TMI 1559 - HC - GST

Ex-parte assessment order quashed for violating natural justice principles and lacking adequate reasoning

Pravin Kumar Son of Shyam Vinod Yadav Versus The State of Bihar, The Additional Commissioner of State Taxes (Appeal) Darbhanga Division and The Assistant Commissioner of State Tax, Darbhanga Circle, Darbhanga.

The Patna HC quashed an ex-parte assessment order for violating principles of natural justice. The court held that despite statutory remedies being ... Challenge to ex-parte assessment order - fair opportunity of hearing not provided - violation of principles of natural justice - HELD THAT:- This Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, an opinion is formed that the order is bad in law. This is for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any sufficient reasons even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee. The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences; (c) The authorities are not found to have adjudicated the matter on the attending facts and circumstances. All issues of fact and law ought to have been dealt with, even if the proceedings were ex parte in nature. Petition disposed off. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment include:1. Whether the order-in-appeal dated 29/06/2022 and the ex-parte assessment order dated 06/03/2020, along with the consequential demand notice, were passed in violation of the principles of natural justice.2. Whether Section 16(4) of the Central/Bihar Goods and Service Act, 2017, and Rule 61(5) of the Central/Bihar Goods and Service Rules, 2017, are ultra vires the Constitution of India and the basic structure of the CGST/BGST Act, 2017.3. Whether the attachment of the petitioner's bank account should be removed.ISSUE-WISE DETAILED ANALYSIS1. Violation of Principles of Natural JusticeRelevant Legal Framework and Precedents: The principles of natural justice require that parties be given a fair opportunity to present their case. This includes sufficient notice and a fair hearing before any adverse decision is made.Court's Interpretation and Reasoning: The Court found that the impugned orders were passed ex parte and without providing the petitioner a fair opportunity to be heard. The orders lacked sufficient reasoning, and the authorities did not adequately consider the facts and circumstances of the case.Key Evidence and Findings: The Court noted that the appeal was dismissed without proper consideration of the facts and without affording the petitioner a fair opportunity to present his case.Application of Law to Facts: The Court determined that the ex-parte nature of the orders and the lack of sufficient reasoning constituted a violation of the principles of natural justice.Treatment of Competing Arguments: The Revenue's counsel did not object to remanding the matter for a fresh decision, acknowledging the procedural shortcomings.Conclusions: The Court quashed the impugned orders and directed a fresh assessment with adherence to the principles of natural justice.2. Constitutionality of Section 16(4) and Rule 61(5)Relevant Legal Framework and Precedents: The petitioner challenged the constitutionality of Section 16(4) of the CGST/BGST Act, 2017, and Rule 61(5) of the CGST/BGST Rules, 2017, claiming they violated Articles 14, 19(1)(g), and 300A of the Constitution.Court's Interpretation and Reasoning: The Court did not express an opinion on the merits of the constitutional challenge, as the primary focus was on the procedural fairness of the orders.Key Evidence and Findings: The Court's decision did not hinge on the constitutional arguments, as it resolved the matter on procedural grounds.Application of Law to Facts: The Court left the constitutional issues open for future consideration, should they be relevant in subsequent proceedings.Treatment of Competing Arguments: The Court did not delve into detailed arguments concerning the constitutionality of the provisions.Conclusions: The Court did not make a determination on the constitutional issues, focusing instead on procedural fairness.3. Attachment of Bank AccountRelevant Legal Framework and Precedents: Attachment of bank accounts is a coercive measure that can be challenged if procedural irregularities are found in the underlying orders.Court's Interpretation and Reasoning: The Court directed the de-freezing of the petitioner's bank account, given the procedural violations in the assessment process.Key Evidence and Findings: The attachment was linked to the impugned orders, which were found to be procedurally flawed.Application of Law to Facts: The Court ordered the removal of the attachment, contingent on the procedural fairness of the reassessment.Treatment of Competing Arguments: The Revenue did not contest the removal of the attachment, given the agreement to a fresh assessment.Conclusions: The Court ordered the immediate de-freezing of the bank account, subject to the outcome of the fresh assessment.SIGNIFICANT HOLDINGSPreserve verbatim quotes of crucial legal reasoning: 'We are of the considered view that this Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, we form an opinion that the order is bad in law.'Core Principles Established: The judgment reinforces the importance of adhering to the principles of natural justice in administrative proceedings, particularly in tax assessments.Final Determinations on Each Issue:- The impugned orders were quashed due to procedural violations, with a directive for a fresh assessment.- The constitutional challenges were left open for future consideration.- The attachment of the bank account was ordered to be removed, pending a fair reassessment.