2025 (9) TMI 1215 - HC - GST

Single show-cause or composite assessment cannot cover multiple tax periods; separate assessments required; benefits under Section 128 preserved

S.J. Constructions, Suma Infra, M/s. SKS Traders, Bhaarat Scrap Traders Versus The Assistant Commissioner and Others, The Deputy Assistant Commissioner Iist and Others, The Additional Commissioner St and Others.

HC held that a single show-cause notice or composite assessment order cannot cover more than one tax period; separate assessments must be framed for each ... Challenge to orders of assessment - lack of signature and lack of DIN number - different assessment years have been bunched together and a composite show cause notice and a composite order had been issued in relation to different tax periods - HELD THAT:- The question of whether one assessment order can be passed in relation to more than one financial year had come up before various High Courts. The Hon’ble High Court of Karnataka, the Hon’ble High Court of Madras and the Hon’ble High Court of Kerala have held that a single, composite assessment order, cannot be passed for more than one financial year. On the other hand the Hon’ble High Court of Delhi as well as the Hon’ble High Court of Bombay had held that there can be one composite assessment order for more than one financial year. Section 74(3) is in pari materia with Section 73(3). However, sub-section (4) of Section 74 does not contain the term “such tax period”. This non mention would not, in our opinion, make any difference to the aforesaid interpretation. Apart from this, there are certain other provisions, which would also have to be considered. Any interpretation of an Act should not result in some of the other provisions becoming otiose or reduced in scope. As rightly pointed out by the Hon’ble High Court at Madras, the right of a registered person to obtain benefit under Section 128 of APGST Act as well as the right to invoke the remedy of appeal against the orders of assessment either under Section 73 or under Section 74 would get impacted if a common order is permitted to be issued in relation to more than one assessment / financial year. A single SCN or a single composite assessment order cannot be passed in relation to more than one tax period of either a month if the assessment is taken up before the due date for filing of the annual return or for more than one year if the due date for filing of annual return has been reached. The writ petitions are disposed of setting aside the aforesaid impugned orders leaving it open for the respondents to initiate fresh proceedings, for each assessment year separately. ISSUES PRESENTED AND CONSIDERED 1. Whether a single show cause notice and/or a single composite assessment order under Sections 73 and 74 of the GST law can validly relate to more than one tax period (month or financial year). 2. Whether the expression 'any period' in Sections 73(3) and 74(3) permits issuance of notice for an aggregate period spanning multiple tax periods, or must be read with 'such tax periods' in Section 73(4) (and the statutory definitions of 'tax period' and 'return') to restrict notices and orders to specific tax periods. 3. Whether allowance of a composite assessment for multiple assessment years would affect statutory rights and remedies of a registered person (including appeal rights and benefit under Section 128 of the APGST Act) and thereby render other statutory provisions otiose. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of single show cause notice/composite assessment order covering more than one tax period Legal framework: Sections 73 and 74 set out adjudicatory machinery for determination of tax not paid or short paid (Section 73 for non-fraud matters; Section 74 for fraud/willful misstatement/suppression). Section 73(3)/(4) and Section 74(3)/(4) permit serving a statement in respect of periods other than those covered by an earlier notice, subject to conditions. Definitions: 'tax period' (Section 2(106)) is the period for which return is required; 'return' (Section 2(97)) contemplates periodic returns (monthly/quarterly) and annual returns (Section 44). Precedent treatment: High Courts have split: some (Madras, Karnataka, Kerala) held that a single show cause notice/composite assessment cannot cover multiple financial years; others (Delhi, Bombay) held composite notices/orders for multiple periods permissible. A Constitution Bench decision (referred to in earlier authority) on statutory interpretation principles was considered relevant. Interpretation and reasoning: The Court examined the interplay between Section 73(3) ('any period') and Section 73(4) ('such tax periods') and the statutory definitions of 'tax period' and 'return'. Reading 'any period' in isolation would allow unrestricted aggregation; reading it in context with 'such tax periods' and the definition of tax period yields a restricted meaning - notices and orders must relate to the tax period(s) as defined by the return regime. The Court found the restrictive interpretation more consistent with the statutory scheme, limiting clubbing to either (a) the month(s) forming a single tax period where assessments occur before annual return due date, or (b) the financial year as a tax period once annual returns are due/filing completed. The Court further relied on the principle that construction should not render other statutory rights (e.g., appeal remedies and Section 128 benefits) meaningless. Ratio vs. Obiter: Ratio - A single show cause notice or composite assessment order cannot validly be passed for more than one tax period (i.e., cannot club multiple financial years into one assessment/order). Obiter - Observations on the effect of timing of annual returns and on the precise mechanics where show cause is issued before vs. after annual return filing (see cross-reference to Issue 2) are explanatory but support the main ruling. Conclusion: The Court concluded that a single notice/order covering more than one tax period (more than one financial year) is impermissible; impugned composite orders covering multiple years are invalid and liable to be set aside, with liberty to re-initiate separate proceedings for each assessment year. Issue 2 - Proper construction of 'any period' in Sections 73(3)/74(3) and relation to 'tax period'/'return' Legal framework: Section 73(3) allows the proper officer to serve a statement containing details for periods other than those covered under subsection (1); Section 73(4) deems service of such statement to be service of notice under subsection (1) provided the grounds relied upon are the same. Section 2(106) defines 'tax period'; Section 2(97) defines 'return'; Section 39 prescribes monthly (or notified quarterly) returns; Section 44 prescribes annual return for financial year. Precedent treatment: The Court examined conflicting High Court decisions: Delhi held 'any period' wide; Madras read 'any period' as circumscribed by 'tax period' and the return regime; Karnataka and Kerala aligned with Madras. Interpretation and reasoning: The Court adopted the contextual approach: 'any period' must be read in harmony with 'such tax periods' in Section 73(4) and the statutory scheme that defines tax periods by return requirements. Accordingly: (i) if assessment action is taken before the annual return filing due date, the tax period is the month/quarter and notices should be anchored to those tax periods; (ii) if assessment action is taken after annual returns are filed or after the commencement of limitation, the tax period is the financial year (annual return) and notices must be issued on that basis. The Court rejected a literal, unbounded meaning of 'any period' because such an interpretation would conflict with other provisions and upset statutory remedies. Ratio vs. Obiter: Ratio - 'Any period' is to be read in light of 'such tax periods' and the return/filing regime; it does not authorize clubbing across multiple financial years. Obiter - Detailed sequencing rules (pre- vs. post-annual return filing) are explanatory and intended to guide implementation. Conclusion: 'Any period' does not permit aggregation across distinct tax periods beyond the defined tax period framework; notices/statements under Sections 73/74 must be framed with reference to the relevant tax period (monthly/quarterly when pre-annual filing; yearly once annual return is relevant). Issue 3 - Consequences of permitting composite orders for multiple years on statutory rights and limitation Legal framework: Sections 73-74 (orders and limitation periods), appeal remedies and Section 128 (relief/benefit provisions) interact to secure procedural rights of taxpayers; limitation periods are prescribed (three years under Section 73(10); five years under Section 74(10)). Precedent treatment: The Court noted concerns raised by courts holding notices/orders invalid that composite proceedings would prejudice appeal rights and other statutory remedies; the Court found those concerns persuasive. Interpretation and reasoning: Allowing composite orders for multiple assessment years could (i) frustrate the statutory appeal architecture (different limitation timelines and appellate windows per year), and (ii) render Section 128 and related protective provisions ineffective or meaningless for particular years. A construction that renders other statutory provisions inoperative is to be avoided where a harmonious reading is available. The Court therefore favored an interpretation that preserves distinct rights and remedies per tax period. Ratio vs. Obiter: Ratio - Preserving the integrity of separate tax periods safeguards statutory appellate and remedial rights; composite multi-year orders are inconsistent with that imperative. Obiter - Practical directions regarding exclusion of time for limitation from date of impugned order till receipt of judgment are procedural consequences of quashing. Conclusion: Composite assessments spanning multiple financial years should not be permitted because they impinge upon statutory rights and remedies; where such composite orders have been passed they should be set aside and fresh proceedings initiated separately for each assessment year, with the period between impugned order and this judgment excluded for limitation purposes. Relief and Ancillary Directions (reflecting Court's operative conclusions) 1. Impugned composite orders covering more than one tax period/financial year are set aside. 2. Respondent authority is at liberty to initiate fresh proceedings, separately for each assessment year, consistent with the construction of Sections 73 and 74 as explained above. 3. Period from the date of the impugned order till receipt of this judgment is excluded for limitation. 4. No order as to costs.