Procedural Errors Invalidate Tax Proceedings: Technical Glitches Breach Statutory Notice Requirements Under RGST/CGST Act Section 75(4)

The SC found violations of natural justice and Section 75(4) of RGST Act/CGST Act. Technical glitches preventing notice reflection on GSTN Portal constituted a breach of statutory provisions. The court set aside the impugned orders, remanded the matters back to the competent authority, and directed completion of proceedings within two months, ensuring the petitioner's right to a personal hearing.

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Issues:
Violation of principles of natural justice and mandatory provisions of Section 75 (4) of the RGST Act of 2017/CGST Act of 2017.

Analysis:
The writ petitions raised concerns regarding the violation of principles of natural justice and mandatory provisions of Section 75 (4) of the RGST Act of 2017/CGST Act of 2017. The petitioner contended that despite submitting replies and seeking to contest the matters on merits, the impugned orders did not afford them the opportunity of personal hearing as mandated by law. The petitioner argued that the notices were not reflected on their GSTIN Portal, leading to a breach of statutory provisions. On the other hand, the respondents acknowledged that the notices were uploaded but not reflected due to technical glitches, asserting that it was not a deliberate denial of the opportunity of personal hearing.

The court examined Section 75 of the RGST Act of 2017/CGST Act of 2017, emphasizing the importance of granting an opportunity of hearing when requested in writing by the person chargeable with tax or penalty. It was noted that the petitioner had indeed submitted applications in each case requesting a personal hearing, which was acknowledged by the respondents. However, due to the failure to reflect the notices on the petitioner's GSTIN Portal, the statutory mandate was not fulfilled. Consequently, the court found that the petitioner's right to a personal hearing had been infringed, leading to the setting aside of the impugned orders solely on this ground.

In the final judgment, the court set aside the impugned orders and remanded the matters back to the competent authority for affording the petitioner the opportunity of personal hearing in accordance with the law. The respondents were directed to complete the proceedings within two months, with a strict instruction against seeking adjournments. The court clarified that its decision was based on procedural grounds, allowing the petitioner to raise all available legal grounds in subsequent proceedings. Ultimately, the writ petitions were allowed, and the office was instructed to record the judgment in each petition.

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