2025 (8) TMI 1697 - HC - GST

Writ petitions dismissed for laches; absence of DIN not treated as non-service; s.168 issues only binding instructions

Suguna Enterprises, Anil Kumar Pulivendala and Gadu Sanyasi. Versus The Assistant Commissioner St and Others., Deputy Assistant Commissioners and Others, State Of Andhra Pradesh and Others.

HC dismissed the writ petitions challenging assessment orders for absence of a Document Identification Number (DIN). The court held s.168 only issues ... Challenge to assessment order - main ground for challenge is the lack of a Document Identification Number on the orders, passed by the assessing officers - HELD THAT:- The language of section 168 of the CGST Act makes it abundantly clear that the power granted under this provision is only the power to issue instructions to the taxation authorities. Such instructions would be binding on the taxation authorities. Violation of such instructions may invalidate the orders passed by the taxation authorities. Such violation would not result in the orders becoming void. Once the orders are only invalid, they would remain in force until they are declared to be invalid by an appropriate Court or authority of appropriate jurisdiction. Therefore, the orders under challenge, would continue to be effective unless set aside by this Court. Once such a declaration is required from this Court, it would also be necessary for this Court to consider the question of laches in approaching this Court - the reasons set out for the delay in approaching this Court is either the alleged inability of the petitioners in perusing the orders which have uploaded in the portal or that there is no limitation for the exercise of appellate jurisdiction, under Section 107, as service of orders without a Document Identification Number, would not amount to service and by analogy, there would be no limitation or reasonable period within which one has to approach this Court. The contention that service of an order without a Document Identification Number would amount to no service, would be acceptable if there was such a stipulation or provision either in the Act or in the Rules. This stipulation is said to be available in the circulars issued by the CBIC. However, such circulars, are at best instructions to the taxation authorities and the petitioners, having received the orders in the portal cannot claim ignorance of these orders. The inordinate delay, in approaching this court, has not been satisfactorily explained and these petitions cannot be entertained at this length of time. It is declined to interfere with the impugned orders. Accordingly, all the Writ Petitions are dismissed. 1. ISSUES PRESENTED AND CONSIDERED Whether an assessment order under the GST regime which does not contain an electronically generated Document Identification Number (DIN) mandated by CBIC circulars is invalid or void, and the legal consequences thereof. Whether instructions issued by the Central Board of Indirect Taxes and Customs under Section 168(1) of the CGST Act, directing that every communication shall include an electronically generated DIN and declaring communications without DIN to be 'invalid', render such communications nullities that extinguish the running of limitation or preclude the exercise of enforcement unless set aside. Whether delay/laches in approaching the Court to challenge assessment orders (where the order lacks DIN) bars relief, and if so, on what basis the Court should exercise its discretion to refuse relief. Whether service by upload to the GST portal constitutes valid service notwithstanding the absence of a DIN on the document, for the purposes of limitation and knowledge of the order. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Legal effect of absence of a Document Identification Number (DIN) on assessment orders Legal framework: Section 168(1) of the CGST Act empowers the Board to issue orders, instructions or directions to central tax officers for uniformity in implementation; CBIC issued Circulars requiring electronic generation and inclusion of DIN on all communications and declaring communications without DIN to be 'invalid'. Precedent treatment: This Court previously held absence of DIN would invalidate assessment orders in earlier decisions, and the Supreme Court in a cited judgment noted the CBIC circular requiring compliance. The present Court references its own consistent line of decisions setting aside assessment orders lacking DIN. Interpretation and reasoning: The Court analyses Section 168(1) and concludes it grants authority to issue binding instructions to tax authorities. Violation of such instructions may 'invalidate' orders passed by taxation authorities; however, such violation does not ipso facto render orders 'void' in law. The Court distinguishes between 'invalid' (requiring declaratory action by a competent court/authority to give effect) and 'void' (inoperative ab initio without need for judicial declaration). Ratio vs. Obiter: Ratio-Instructions under Section 168 are binding and their breach may render an order invalid but do not automatically convert the order into a void act that extinguishes its enforceability absent judicial declaration. Obiter-References to administrative policy objectives of transparency and accountability are explanatory. Conclusions: An assessment order lacking an electronically generated DIN is invalid in the sense that it contravenes binding CBIC instructions, but it remains effective and enforceable unless and until set aside by a competent court or authority; it is not a nullity or void ab initio merely by reason of absence of DIN. Issue 2: Consequence of CBIC Circular declaring communications without DIN to be 'invalid' - effect on limitation, enforceability and need for judicial setting aside Legal framework: CBIC circulars operate as instructions under Section 168; they cannot, by themselves, create or alter statutory limitation periods or the legal character of statutory processes absent enabling statutory or rule-making power. Precedent treatment: The Court notes prior decisions holding absence of DIN invalidated orders; the Supreme Court has observed the circulars require compliance. However, the Court clarifies the legal effect of circulars issued under Section 168 does not automatically displace statutory limitation regimes. Interpretation and reasoning: The Court reasons that circulars are binding on officers but are administrative instructions; their declaration that communications without DIN are 'invalid' informs internal compliance and may be a ground for judicial challenge, but does not ipso facto annul or render non-existent the underlying orders for all legal purposes. Consequently, parties cannot treat such orders as void and assume there is no limitation or time bar for seeking redress. Ratio vs. Obiter: Ratio-CBIC circulars can render an order invalid for non-compliance but do not abrogate the requirement of timely judicial challenge nor suspend statutory limitation; Obiter-Characterizations of departmental benefit from fresh assessment are illustrative. Conclusions: Declaration of 'invalidity' in circulars does not dispense with the necessity of prompt judicial challenge; affected persons remain subject to limitation and the State retains enforcement rights until a competent court declares the order invalid. Issue 3: Effect of service by portal upload and its interaction with absence of DIN as a ground for excusing delay Legal framework: The Act and Rules prescribe service by uploading to the GST portal as a method of service; circulars do not amend statutory or rule-based service provisions but provide administrative direction regarding DIN inclusion. Precedent treatment: The Court rejects pleas that non-awareness of portal uploads due to absence of DIN suffices to excuse delay, distinguishing administrative non-compliance from statutory service deficiencies. Interpretation and reasoning: The Court holds that where the Act and Rules provide service via the portal, receiving an order on the portal constitutes effective service for limitation purposes. A plea that the petitioner was unaware of service because DIN was absent cannot be accepted as a blanket justification for condoning long delays, since acceptance would permit litigation against orders passed many years prior and undermine certainty. Ratio vs. Obiter: Ratio-Service effected through the prescribed portal is valid notwithstanding absence of DIN for the purpose of limitation; Obiter-Concerns about potential misuse of delayed challenges are explanatory. Conclusions: Absence of DIN on documents uploaded to the portal does not automatically negate service or create an indefinite right to challenge; petitioners must explain and satisfactorily justify any delay in approaching the Court. Issue 4: Application of laches and exercise of judicial discretion to refuse relief where there is inordinate delay in challenging assessment orders lacking DIN Legal framework: Principles of laches and discretion in writ jurisdiction require consideration of delay, reasons offered, prejudice to parties and public interest; invalidity of an order does not relieve a litigant of the duty to approach the Court within a reasonable time. Precedent treatment: The Court refers to its consistent practice of setting aside orders lacking DIN when timely challenged but emphasizes the necessity to consider laches where challenges are substantially delayed. Interpretation and reasoning: Since orders lacking DIN are invalid but not void, they remain operative unless set aside. Where significant delay is not satisfactorily explained, the Court will exercise its discretion to refuse relief on the ground of laches because allowing belated challenges would prejudice administration and facilitate disruptive retroactive litigation. Ratio vs. Obiter: Ratio-Laches can bar relief against an assessment order lacking DIN if the challenge is inordinate and not satisfactorily explained; Obiter-Policy observations regarding departmental benefit from fresh assessments are illustrative. Conclusions: The Court will dismiss writ petitions that challenge DIN-deficient assessment orders when there is inordinate unexplained delay; in the present matters the delay was not satisfactorily explained and relief is refused. Cross-reference: The conclusions on Issues 1-4 are interrelated - the characterization of DIN-related non-compliance as rendering an order 'invalid' (Issue 1) informs the availability of challenge, but because such orders are not ipso facto void (Issue 2) and service by portal remains valid (Issue 3), the doctrine of laches and judicial discretion (Issue 4) governs whether relief will be granted in delayed suits.