Service of show cause notice on an outdated address led to quashing and remand for a fresh hearing and reply

A show cause notice sent to an outdated address breached the principle of natural justice by depriving the respondent of the right to be heard; the HC quashed the ex parte order and remanded proceedings for fresh adjudication. The court treated failure of service despite electronic address updates as a jurisdictional defect requiring reissuance of the notice; the petitioner was directed to file a reply within four weeks and the adjudicating authority to hold a hearing and pass a new order within eight weeks. The petition was disposed of with no costs.

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Issues Involved:
The issues involved in this case are the validity of the show-cause-notice dated 30 December 2020 and the legality of the ex-parte order-in-original dated 30 August 2022, both issued by the Respondent No. 2, concerning a breach of principles of natural justice.

Validity of Show-Cause-Notice:
The petitioner contended that the order-in-original passed ex-parte on 30 August 2022 was challenged on grounds of being issued in breach of natural justice principles. It was argued that the show-cause-notice was sent to an outdated address, despite the petitioner having updated their address on the GST portal twice in 2019. As a result, the petitioner was unable to participate in the adjudication process, leading to the ex-parte order-in-original.

Breach of Natural Justice:
The petitioner highlighted that the impugned order was in violation of natural justice principles as the show-cause-notice was not served on the correct address, depriving the petitioner of the opportunity to respond. The Court acknowledged the breach and remanded the proceedings to the Adjudication Officer, emphasizing the importance of issuing a show-cause-notice before passing any order, as mandated by law.

Legal Remedy and Jurisdiction:
The respondent argued that the petitioner had an alternate remedy to challenge the order through an appeal, suggesting that the writ petition under Article 226 should not be entertained. However, the Court disagreed, citing Supreme Court judgments that allow the High Court to intervene under Article 226 in cases where there is a breach of natural justice. Referring to a recent Supreme Court decision, the Court reiterated the position that when proceedings are beyond jurisdiction or violate natural justice principles, the High Court can intervene.

Final Order:
In conclusion, the Court partly allowed the petition by quashing and setting aside the impugned order-in-original dated 30 August 2022. The proceedings were remanded to the Adjudicating Officer for further consideration, directing the petitioner to submit a reply to the show-cause-notice within four weeks. The Commissioner was instructed to schedule a hearing and pass a new order within eight weeks, keeping all contentions open. The petition was disposed of with no costs incurred.

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