2025 (10) TMI 159 - HC - GST

Writ petition dismissed as tax dispute arises from contract; Navy's CGST payment treated as penalty, no refund

Petroliv Petroleums (Angels Group) Versus State Of Kerala, Assistant Enforcement Officer/Assistant Commissioner, Enforcement Ernakulam, Hari. V.S, Enforcement Officer (Charge), Ernakulam. And Others.

HC dismissed the writ petition seeking refund, punishment of officials and interest, holding the dispute arises from a contract and is not maintainable in ... Constitutionality of collection and retention of by the Respondents towards GST - seeking direction to refund the amount - punishment to erred officers so that such errant officers do not misuse or abuse their power detrimental to the existence of the law-abiding business organisations in the State - award of interest on the said amount at the prevailing bank rate from the date of illegal appropriation till realization - HELD THAT:- It is found that, the reliefs sought in this writ petition cannot be entertained. This is mainly in view of the fact that, as far as the payment effected by the Navy to the Tax authorities is concerned, that can only be a dispute arising from the contract entered between the petitioner and the authorities. In other words, the debit of the same from the amounts receivable by the petitioner could only be treated as a matter relating to the contract executed between the petitioner and the Department concerned under the Navy. If at all there is any dispute with respect to the same, the remedy of the petitioner is elsewhere and under no circumstances the same can be resolved in a writ petition of this nature, as the same is a dispute arising out of a contract. Moreover, even though the payment is affected, nothing would preclude the petitioner from seeking refund of the amount, if the petitioner ultimately succeeds in the appeal as well. Moreover, as far as the Tax authorities are concerned, they cannot be directed to refund the amount in question, as the said amount was the amount determined as the penalty/fine in a statutory proceeding under Section 130 of the CGST Act. Therefore, the amount received towards the satisfaction of such penalty or tax, cannot treated as illegal. There are no justifiable reason to entertain this writ petition and accordingly, this writ petition is dismissed. 1. ISSUES PRESENTED AND CONSIDERED 1. Whether a writ petition under constitutional jurisdiction is maintainable to challenge a contractual debit by a government/departmental entity to satisfy a penalty assessed and paid to tax authorities in proceedings under Section 130 of the CGST Act. 2. Whether the tax/penalty amount paid by a third-party contracting department to the tax authority and debited against sums payable to the contractor can be declared illegal and refundable by way of writ before adjudication/appeal against the confiscation order is finally concluded. 3. Whether the tax authorities can be directed in a writ to refund amounts realized pursuant to a statutory confiscation/penalty order under the CGST framework prior to the conclusion of statutory appellate remedies. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Maintainability of writ to challenge contractual debit arising from payment to tax authorities. Legal framework: Constitutional writ jurisdiction is available to enforce legal rights but is traditionally restrained from adjudicating disputes that are primarily contractual in nature between private parties or between a contractor and a government department, where adequate alternative remedies exist. Precedent treatment: The Court treated the matter as one governed by contract law and alternative remedy principles (no prior case law cited or overruled in the judgment). The decision follows the established principle that disputes arising out of contracts with government departments are ordinarily to be resolved by contract remedies and not by extraordinary constitutional writs, absent violation of fundamental rights or lack of any alternative efficacious remedy. Interpretation and reasoning: The Court found that the debit effected by the departmental authority against sums due to the petitioner arose out of the contractual relationship between the petitioner and the Department (Material Organisation, Naval Base). The payment by the department to satisfy the statutory penalty constitutes an act within the matrix of the contract and departmental administration. The petitioner has an alternative forum (the contractual/processual remedies and the pending statutory appeal against confiscation), therefore the writ is an inappropriate vehicle to decide a contractual payment dispute. Ratio vs. Obiter: Ratio - It is a matter of contract and cannot be adjudicated in a writ petition where alternative remedies exist; such disputes are not ordinarily entertainable under writ jurisdiction. Obiter - No additional obiter lines on exceptions to this principle were laid down beyond the application to the facts. Conclusion: The writ petition is not maintainable to challenge the contractual debit; petitioner must pursue appropriate remedies under contract/procurement law or other available statutory proceedings. Issue 2: Challenge to tax/penalty amount paid to tax authorities and debited by department - availability of writ to direct refund prior to conclusion of appellate proceedings. Legal framework: The CGST statutory scheme contemplates confiscation and imposition of penalty under Section 130, and the statutory appellate/rectification processes govern challenges to such orders. Refunds of amounts paid pursuant to statutory orders are ordinarily permissible only when the underlying order is set aside or reversed by the competent authority/tribunal/court. Precedent treatment: The Court applied the statutory scheme and procedural posture of appeals under the CGST framework; no precedent was expressly cited or overruled. The approach aligns with the principle that amounts realized under statutory orders are not to be treated as illegal payments until set aside in the appropriate forum. Interpretation and reasoning: The amount paid by the departmental authority to the tax department represented the penalty/amount determined under a statutory proceeding (Section 130). The Court held that such amount cannot be treated as illegally collected merely because it was paid and debited; the appropriate course is to await the outcome of the statutory appeal against the confiscation order. If the appellate process results in setting aside the confiscation/penalty, the petitioner may then seek refund through the established statutory/contractual channels. Directing the tax authorities to refund at this stage would pre-empt the statutory appellate process. Ratio vs. Obiter: Ratio - Amounts realized pursuant to a statutory confiscation/penalty under the CGST scheme are not subject to a writ-directed refund prior to adjudication and reversal in the statutory appeal process. Obiter - The Court noted the petitioner's continued right to seek refund if successful on appeal, but did not elaborate principles for early interim relief in other circumstances. Conclusion: The Court will not direct refund of the amount paid to the tax authorities; any refund claim must await successful challenge to the confiscation/penalty in the appellate process or be pursued by appropriate contractual/statutory remedy. Issue 3: Plea for punitive action against officers and grant of interest - scope within writ jurisdiction given the above conclusions. Legal framework: Writ jurisdiction can, in appropriate cases, entertain claims for quashing arbitrary administrative action and, where justified, award costs or damages; however, instituting departmental or criminal proceedings against public officers ordinarily falls into disciplinary/prosecutorial domains and is not a standard relief in contractual disputes absent demonstrated illegality or mala fides. Precedent treatment: No precedent was invoked; the Court confined itself to the applicability of statutory remedies and contract law. The judgment did not find any demonstrable illegality or jurisdictional excess in the collection of the penalty amount that would warrant punitive relief in a writ. Interpretation and reasoning: Given the Court's conclusion that the debit arose under contract and the payment represented satisfaction of a statutory penalty, there was no basis in the record to characterize the departmental action as illegal or arbitrary for the purposes of imposing punishment on officers or awarding interest. The appropriate forum to contest such aspects is the statutory appellate process and departmental disciplinary channels where relevant. Ratio vs. Obiter: Ratio - Request for punitive action and interest cannot be entertained in the writ where the underlying payment corresponds to a statutory penalty and where statutory/contractual remedies have not been exhausted. Obiter - The Court left open the petitioner's right to initiate appropriate proceedings in accordance with law. Conclusion: Claims for punitive action against officers and interest are not granted in the writ petition; petitioner remains free to pursue remedies in the appropriate fora. Final Disposition The Court dismissed the writ petition on maintainability and substantive grounds without prejudice to the petitioner's right to pursue statutory/contractual remedies - including the pending appeal against the confiscation order and any appropriate proceedings to claim refund if the appellate process succeeds.