Facts of the Case
The petitions were filed challenging the
adjudication order dated 29 January 2025 passed pursuant to a Show Cause Notice
dated 21 May 2024.
The matter arose from a DGARM investigation which
revealed suspicious GST transactions involving multiple firms, including M/s
Paramount Enterprises and other entities. The investigation indicated that:
- Several
firms were engaged in transactions without actual supply of goods.
- The
Petitioners allegedly availed fraudulent Input Tax Credit (ITC) through
non-existent firms.
- Statements
recorded suggested that invoices were issued without actual movement of
goods.
- Total
alleged fraudulent ITC amounted to approximately ₹18.24 crores.
The Petitioners submitted a reply to the Show Cause Notice but contended that the final order was passed without granting personal hearing, thereby violating principles of natural justice.
Issues Involved
- Whether
the adjudication order is liable to be set aside due to non-grant of
personal hearing.
- Whether
writ jurisdiction under Article 226 is maintainable when statutory
appellate remedy exists under GST law.
- Whether cases involving fraudulent ITC require factual adjudication beyond writ jurisdiction.
Petitioner’s Arguments
- No
proper opportunity of personal hearing was granted.
- No
proof of service of hearing notices was produced by the Department.
- Violation of principles of natural justice renders the impugned order invalid.
Respondent’s Arguments
- Personal
hearing opportunities were granted, but Petitioners failed to appear.
- The
impugned order itself records issuance of hearing notices.
- Considering
the serious nature of GST fraud, Petitioners should not benefit from
procedural objections.
- Petitioners
have an effective alternate remedy under Section 107 of CGST Act.
Court’s Findings / Order
- The
Court observed that:
- Petitioners
were aware of proceedings and had filed replies.
- Reply
filed was vague and did not address allegations on merits.
- Overall
compliance of principles of natural justice was satisfied.
- The
Court held:
- Mere
absence of proof of dispatch of hearing notice is insufficient to
invalidate proceedings.
- In
cases involving fraudulent ITC, writ jurisdiction should be exercised
sparingly.
- Such
matters require detailed factual examination, which is not suitable under
Article 226.
- The
Court relied on key precedents:
- Assistant
Commissioner of State Tax v. Commercial Steel Ltd. – writ not
maintainable where alternate remedy exists.
- Mukesh
Kumar Garg v. Union of India – writ jurisdiction not appropriate in
fraudulent ITC cases.
- M/s
Sheetal and Sons v. Union of India
- M/s MHJ Metal Techs v. CGST Delhi South
Important Clarification by Court
- Writ
jurisdiction under Article 226 is not a substitute for appellate remedy.
- Fraudulent
ITC cases involve complex factual analysis, unsuitable for writ
adjudication.
- Courts
will prioritize protection of GST regime and public exchequer.
- Natural justice is not violated merely due to absence of proof of notice dispatch if overall opportunity existed.
Sections Involved
- Section
16, CGST Act – Eligibility of Input Tax Credit
- Section
107, CGST Act – Appeal to Appellate Authority
- Section
122(1) & 122(3), CGST Act – Penalties
- Article 226, Constitution of India – Writ Jurisdiction
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/PMS23122025CW142912025_173923.pdf
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