GST Assessment Order Overturned Due to Technical Portal Defects and Insufficient Notice, Taxpayer Granted Conditional Relief

HC allowed petitioner's challenge to GST assessment order. Technical portal issues and lack of proper notice were key concerns. Court set aside original order, requiring petitioner to deposit 25% of disputed tax and providing four weeks to submit objections. Order will be revived if compliance conditions are not met. Petition disposed without costs, offering procedural relief to taxpayer.

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Issues:
Challenge to order based on violation of principles of natural justice, failure to serve show cause notice and impugned order, inability to access common portal for adjudication proceedings, technical glitches in GST portal affecting response to notices, request for opportunity to present objections before adjudicating authority.

Analysis:
The Writ Petition challenges the respondent's order dated 31.12.2023, alleging a breach of natural justice principles. The petitioner, a registered dealer under the GST Act, faced surprise inspection revealing various defects in tax compliance. The petitioner received a Form GST DRC-01A notice on 31.08.2023, responded with a detailed representation supported by evidence on 15.09.2023, and subsequently faced a show cause notice on 28.09.2023 followed by the impugned order on 31.12.2023. However, neither the show cause notice nor the order of assessment were physically served to the petitioner, being only uploaded on the common portal. The petitioner's inability to access the portal hindered participation in adjudication proceedings, leading to the request for an opportunity to present their case.

The petitioner cited technical glitches in the GST portal post-implementation, causing delays in responses to notices and orders. The petitioner expressed readiness to pay 25% of the disputed tax and sought a final opportunity to present objections before the adjudicating authority. The learned Government Advocate for the respondent did not strongly oppose this request. Consequently, the impugned order was set aside, mandating the petitioner to deposit 25% of the disputed tax within two weeks. Upon compliance, the impugned order would be treated as a show cause notice, allowing the petitioner four weeks to submit objections with supporting documents. Failure to meet these deadlines would revive the impugned order of assessment.

In conclusion, the Writ Petition was disposed of with no costs imposed. The petitioner was granted the opportunity to present objections before the adjudicating authority upon depositing 25% of the disputed tax within the stipulated timeframe. Failure to comply with the conditions would result in the revival of the impugned order.

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