Facts of the Case
- The
Parties: Petitioner No. 1, Adisan Laboratories Pvt.
Ltd., is a private limited company based in Pune, and Petitioner No. 2 is
its Shareholder & Managing Director. The Respondents include the Union
of India through the Revenue Secretary, the Commissioner of Central Goods
and Services Tax (Pune-I), and the Assistant Commissioner of Central Goods
and Services Tax (Division-II, Pimpri, Pune).
- The
Refund Claim: On March 30, 2022, the Petitioners filed a
formal application claiming a GST refund amounting to ₹14,90,629/-
for the period from April 2019 to March 2020. The refund was claimed on
account of unutilized Input Tax Credit (ITC) accumulated due to an inverted
duty structure, wherein the rate of tax on input materials was higher
than the rate of tax on finished output supplies.
- The
Dispute Breakdown: On March 4, 2022, the Petitioners
received an automated email from the department advising them that a
notice had been issued regarding their refund claim and directing them to
view the details by logging into the GSTN portal.
- System
Discrepancy: Upon accessing the portal, the Petitioners
found that no such notice was available or visible on the GSTN interface.
On May 17, 2022, the Petitioners formally addressed a communication to the
department stating explicitly that the notice had not been served on them
nor was it accessible on the portal.
- Ex-Parte
Order: Disregarding the petitioner's communication,
the Assistant Commissioner passed an impugned order dated May 31, 2022
(received by the Petitioners on May 27, 2022), summarily rejecting the
entire refund claim without providing an administrative hearing. Aggrieved
by this, the Petitioners filed a Writ Petition before the High Court.
Issues Involved
- Whether
the action of the Respondent authority in rejecting the refund application
without ensuring the actual service/visibility of the show cause notice in
Form GST RFD-08 on the GSTN portal violates Rule 92(3) of the
CGST Rules, 2017.
- Whether
the impugned refund rejection order violates the fundamental Principles
of Natural Justice (Audi Alteram Partem), thereby rendering the
administrative adjudication void and legally unsustainable.
Petitioner’s Arguments
- Violation
of Statutory Rules: The learned counsel for the Petitioners
argued that the department failed to adhere to the mandatory procedural
requirements set out under Chapter XI of the CGST Rules, 2017.
Specifically, Rule 92(3) mandates the issuance of a deficiency or
rejection notice, allowing a 15-day window for submission of a reply.
- Denial
of Principles of Natural Justice: It was vigorously contended
that issuance of a notice is not a mere ministerial formality but a
substantive right granted to the taxpayer to demonstrate that the refund
is validly payable.
- Uncontroverted
Facts: The Petitioners emphasized that they had
proactively informed the department in writing prior to the passing of the
order that the notice was completely missing from the GSTN portal. Despite
this technical/procedural glitch being brought to light, the authority
went ahead and passed an adverse order behind their back.
Respondent’s Arguments
- Technical
Compliance: The Respondents appeared through their
counsel and waived formal service. While they sought to support the
department's administrative machinery, they could not factual dispute or
provide evidence to counter the Petitioner's specific assertion that the notice
was not physically or digitally served or hosted on the portal.
- Uncontroverted
Record: The factual assertions made by the
petitioner regarding the non-availability of the notice on the GSTN portal
remained completely uncontroverted on the record of the Court.
Court Order / Findings
- Mandatory
Nature of Rule 92(3): The Division Bench of the Bombay High
Court, comprising Justice Nitin Jamdar and Justice Gauri Godse, examined
the scheme of Section 54 and Rule 92. The Court observed that the proviso
to Rule 92(3) of the CGST Rules, 2017 contains an absolute
statutory bar stating that no application for refund shall be rejected
without giving the applicant an opportunity of being heard.
- Notice
is Not a Formality: The High Court categorically held that
the issuance of a notice under Rule 92(3) is not an empty administrative
formality. It serves as a vital tool in aid of justice, ensuring the
applicant has a fair window to justify the refund claim.
- Impairment
of Rights: Since the department failed to prove that
the notice was either served or successfully populated on the GSTN portal,
and considering that the petitioner's prior complaints regarding this
issue went ignored, the Court held that the petitioner's opportunity of
being heard was severely impaired.
- Operative
Order:
- The
High Court quashed and set aside the impugned refund rejection
order dated May 31, 2022.
- The
refund application of the Petitioners was restored to the file of
the proper officer.
- The
Respondents were directed to strictly follow the statutory methodology
prescribed under Rule 92 of the CGST Rules, 2017, and conclude the fresh
proceedings within a period of 8 weeks from the date the order is
uploaded.
- The
Court clarified that it had set aside the order strictly on the ground of
natural justice and procedural lapses, without expressing any opinion on
the commercial/technical merits of the refund claim, which the authority
must decide independently.
Important Clarification
- Digital
Service vs. Automated Glitches: This ruling reinforces a
vital precedent for the GST regime: automated emails or technical logs
stating a notice "has been issued" do not amount to valid legal
service if the document fails to actually appear on the taxpayer's GSTN
portal dashboard.
- Adherence
to Due Process: Revenue authorities cannot bypass the
mandate of a personal hearing or the 15-day response window under the
guise of digital processing. If a taxpayer brings a portal glitch to the
department's attention, the officer is legally obligated to ensure actual
service of the SCN before passing an adverse ex-parte order.
Section Involved
- Section
54 of the Central Goods and Services Tax (CGST) Act, 2017:
Governs the claims, eligibility, and processing of refunds of unutilized
Input Tax Credit (ITC).
- Section
54(3) of the CGST Act, 2017: Specifically deals with the
refund of unutilized Input Tax Credit accumulated on account of an
inverted duty structure (where the tax rate on inputs is higher than the
tax rate on output supplies).
- Rule
92 of the Central Goods and Services Tax (CGST) Rules, 2017:
Prescribes the specific methodology, timelines, and procedural
requirements for processing refund applications.
- Rule 92(3) of the CGST Rules, 2017: Mandates that if a Proper Officer intends to reject a refund claim either fully or partially, they must issue a notice in Form GST RFD-08 allowing the applicant 15 days to reply, and strictly prohibits rejection without giving the applicant a reasonable opportunity of being heard.
Link to download the order -https://mytaxexpert.co.in/uploads/1783312400_900compressed.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content.The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment