2025 (3) TMI 321 - HC - GST

Order Imposing Duty Under Section 74 of GST Act Overturned; Case Remanded for Fresh Decision Considering Clarificatory Circulars

M/s Shri Krishna Pharmaceutical And Surgicals Agencies Thru. Partner Amit Kapoor Versus Principal Commissioner Central Goods And Services Tax And Central Excise Lko. And Another

The HC set aside the order dated 21.11.2024, which imposed a duty under section 74 of the GST Act, along with IGST and penalties, on the petitioner. The ... Confirmation of demand u/s 74 of the GST Act - applicability of clarificatory circulars were issued on 01.08.2023 and 11.10.2024 - HELD THAT:- Apparently, from the impugned order, there is no consideration of the Circulars, as such, no useful purpose would be served in relegating the petitioner to the remedy of appeal. Thus, on the limited question of the circulars, which are binding on the department, not being taken into account, the order impugned dated 21.11.2024 is set aside. The matter is remanded to the authority concerned to pass a fresh order. While doing so, the benefit of the Circular No.200/12/2023- GST dated 01.08.2023 and Circular No.236/30/2024-GST dated 11.10.2024, as claimed by the petitioner, shall be specifically considered by the adjudicating authority. The petitioner is also permitted to file an application claiming the benefit of the said circulars indicating the manner in which he is entitled to the benefit of the said Circulars, which shall be considered by passing a fresh order. Petition disposed off. The issues presented and considered in the judgment are as follows:1. Whether the demand of duty levied against the petitioner under section 74 of the GST Act, along with a demand of IGST and penalty, was contrary to the clarificatory circulars issued by the GST CouncilRs. 2. Whether the petitioner was required to pursue the statutory appeal under section 107 of the GST Act before challenging the order dated 21.11.2024Rs.Issue-wise detailed analysis:1. Relevant legal framework and precedents:The petitioner challenged the order dated 21.11.2024, contending that the demand of duty imposed on goods falling under heading HSN 9021 was in contradiction to the clarificatory circulars issued on 01.08.2023 and 11.10.2024 by the GST Council. The counsel for the respondents argued that the petitioner should have raised the circulars before the adjudicating authority and that the circulars' applicability could have been determined if properly relied upon.2. Court's interpretation and reasoning:The Court noted that the circulars issued by the GST Council are binding on the department. It found that the impugned order did not consider the circulars, leading to the conclusion that remanding the matter for an appeal would not serve any purpose. Consequently, the Court set aside the order dated 21.11.2024 and remanded the case to the authority concerned for a fresh decision.3. Key evidence and findings:The key evidence in this case was the clarificatory circulars issued by the GST Council on 01.08.2023 and 11.10.2024. The Court found that these circulars were not taken into account while passing the impugned order, leading to the decision to set aside the order and remand the matter for reconsideration.4. Application of law to facts:The Court applied the principle that circulars issued by the GST Council are binding on the department. It held that since the circulars were not considered in the impugned order, the petitioner should be given the opportunity to claim the benefit of the circulars before the adjudicating authority.5. Treatment of competing arguments:The petitioner argued that the demand of duty was contrary to the clarificatory circulars, while the respondents contended that the petitioner should have raised the circulars before the adjudicating authority. The Court considered both arguments and ultimately sided with the petitioner, setting aside the order and remanding the case for fresh consideration.Significant holdings:The Court held that the impugned order dated 21.11.2024 was set aside due to the failure to consider the binding circulars issued by the GST Council. The matter was remanded to the authority concerned for a fresh decision, with specific instructions to consider the circulars and allow the petitioner to claim the benefit of the same. The Court directed the petitioner to appear before the respondent no.2 on a specified date for further proceedings.In conclusion, the Court's decision focused on the importance of adhering to the circulars issued by the GST Council and ensuring that such circulars are considered in decision-making processes. The judgment emphasized the need for proper application of the law and the opportunity for parties to claim the benefits entitled to them under relevant circulars.