Natural justice in GST appeals requires a hearing before limitation, authorisation, or pre-deposit objections can defeat appellate review.
Section 107(8) of the CGST Act requires an opportunity of hearing before a GST appeal is rejected on limitation, authorisation or pre-deposit objections; refusal of an adjournment does not displace natural justice. A short, sufficiently explained delay within the statutory extension may be condoned without a separate affidavit, and omitted proof of an authorised signatory's authority is a curable defect capable of ratification. Pre-deposit applies to disputed tax, not an interest-only demand, and alternative computations do not constitute admitted liability. Differential tax following a rate change attracts compensatory interest from the invoice-based time of supply; separately stated GST excludes cum-tax valuation. GSTR-3B interest specifically included in a notice remains subject to credit for interest already paid.
Issues: (i) Whether the first appellate authority could dismiss the appeal without hearing the appellant; (ii) Whether the 21-day delay in filing the first appeal should be condoned; (iii) Whether the first appeal was validly signed and verified for the company; (iv) Whether the appeal was barred for non-payment of an admitted amount or pre-deposit; (v) Whether the Tribunal should decide the merits rather than remit the matter; (vi) Whether interest was payable on differential tax paid through DRC-03 and could be reduced under the cum-tax rule; and (vii) Whether GSTR-3B interest was within the show-cause notice and the amount payable.
Issue (i): Whether the first appellate authority could dismiss the appeal without hearing the appellant.
Analysis: Section 107(8) of the Central Goods and Services Tax Act, 2017 mandates an opportunity of hearing to an appellant without distinguishing threshold objections from merits. Section 107(9) permits adjournments for sufficient cause. The objections concerning delay, authority of the signatory and admitted payment required factual determination and engagement with the appellant's materials; refusal of an adjournment did not dispense with the audi alteram partem requirement.
Conclusion: The dismissal without hearing breached the statutory hearing requirement and principles of natural justice and cannot stand. This issue is decided in favour of the assessee.
Issue (ii): Whether the 21-day delay in filing the first appeal should be condoned.
Analysis: Section 107(4) permits condonation of delay up to one further month on sufficient cause. The appeal record contained a verified delay-condonation petition, and neither Section 107 nor Rule 108 of the Central Goods and Services Tax Rules, 2017 required a separate application supported by an affidavit. The short delay was attributed to the consultant's illness and the time required to collect documents; the explanation was plausible, uncontroverted and did not disclose lack of bona fides or prejudice to Revenue.
Conclusion: The 21-day delay is condoned. This issue is decided in favour of the assessee.
Issue (iii): Whether the first appeal was validly signed and verified for the company.
Analysis: Rule 108(2), read with Rule 26(2)(c) of the Central Goods and Services Tax Rules, 2017, permits a company appeal to be signed by its authorised signatory. The General Manager held a notarised power of attorney authorising him to represent, sign and file tax applications. The company's continued prosecution of the proceeding also established ratification. Any failure to append proof of authority at the first appellate stage was a curable procedural defect, not a jurisdictional bar.
Conclusion: The first appeal was validly signed and verified, and the omission to file authority proof stood cured. This issue is decided in favour of the assessee.
Issue (iv): Whether the appeal was barred for non-payment of an admitted amount or pre-deposit.
Analysis: Section 107(6)(a) of the Central Goods and Services Tax Act, 2017 applies only to an amount clearly and unequivocally admitted by the appellant. The interest computation advanced alternatively, expressly on the assumption that liability existed, did not amount to an admission. Section 107(6)(b) requires pre-deposit only on the remaining amount of tax in dispute; the impugned order confirmed interest alone and no tax.
Conclusion: No admitted amount or pre-deposit was payable, and the first appeal was validly filed. This issue is decided in favour of the assessee.
Issue (v): Whether the Tribunal should decide the merits rather than remit the matter.
Analysis: Section 113(1) of the Central Goods and Services Tax Act, 2017 permits confirmation, modification or annulment of the appealed order and makes remand discretionary. The complete record, including the audit material, show-cause notice, reply, reconciliations and invoice-wise computation, was available, both sides addressed the merits, and no further factual inquiry was necessary.
Conclusion: The merits of the first appeal were determined by the Tribunal rather than remitted.
Issue (vi): Whether interest was payable on differential tax paid through DRC-03 and could be reduced under the cum-tax rule.
Analysis: Section 50(1) of the Central Goods and Services Tax Act, 2017 imposes compensatory interest where tax due remains unpaid. Following the rate change under Notification No. 15/2021-Central Tax (Rate) dated 18.11.2021, the differential tax on the invoiced works-contract supplies became payable from the prescribed due dates. Under Sections 13(2) and 31(5), issuance of invoices for continuous supply fixed the time of supply; retention money and the customer's failure to reimburse the higher tax did not defer it. Rule 35 of the Central Goods and Services Tax Rules, 2017 applies only where the supply value is tax-inclusive. The invoices separately stated taxable value and GST, and therefore did not permit cum-tax valuation of the shortfall.
Conclusion: Interest of Rs. 21,96,829 each under CGST and SGST on delayed differential tax is confirmed, and the cum-tax contention is rejected. This issue is decided against the assessee.
Issue (vii): Whether GSTR-3B interest was within the show-cause notice and the amount payable.
Analysis: The show-cause notice specified the GSTR-3B interest figures and the appellant replied to that demand; consequently, the demand was within Section 73(1) and did not violate Section 75(7) of the Central Goods and Services Tax Act, 2017. However, the documented claim for credit of interest already paid with the April 2022 return was not addressed in the original order as required by Section 75(6). The reconciliation was supported by the return and was not controverted by Revenue.
Conclusion: The GSTR-3B interest demand was validly raised, but after credit for interest already paid it is reduced to Rs. 418 under CGST and Rs. 419 under SGST. This issue is partly decided in favour of the assessee.
Final Conclusion: The threshold dismissal was displaced and the merits were adjudicated on the existing record. Interest liability survives on the delayed differential tax, while the GSTR-3B interest liability is recalculated after giving credit for the interest already paid; no tax or penalty liability remains.
Ratio Decidendi: A GST appeal cannot be rejected on objections concerning limitation, authorisation or pre-deposit without affording the appellant the hearing expressly mandated by Section 107(8) of the Central Goods and Services Tax Act, 2017.