Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

M/S. SREE MANOJ INTERNATIONAL v. THE DEPUTY STATE TAX OFFICER

Madras High Court
Apr 25, 2024
Smart Summary (Beta)

Factual and Procedural Background

The petitioner, M/s. Sree Manoj International, challenged an order dated 01.03.2024 passed by the Deputy State Tax Officer, Tiruppur North -2 Assessment Circle. The order related to a tax proposal confirming a demand based on an alleged discrepancy between the petitioner's GSTR 3B returns and the auto-populated GSTR 2A. The petitioner claimed to be unaware of the proceedings as notices and the order were uploaded only on the GST portal without any other mode of communication. Consequently, the petitioner filed this writ petition under Article 226 of the Constitution of India praying for quashing the impugned order on grounds of violation of the CGST Act, 2017, the TNGST Act, 2017, and principles of natural justice.

Legal Issues Presented

  1. Whether the impugned order dated 01.03.2024 was passed in violation of the principles of natural justice due to inadequate communication to the petitioner.
  2. Whether the tax demand confirmed on account of discrepancy between GSTR 3B returns and GSTR 2A was justified without considering the petitioner’s explanation regarding the IGST component on imports.
  3. Whether the petitioner should be granted an opportunity to respond to the show cause notice and the matter reconsidered.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner was unaware of the proceedings as notices and orders were only uploaded on the GST portal and not communicated by any other means.
  • The tax proposal arose from an alleged discrepancy between the petitioner’s GSTR 3B returns and the auto-populated GSTR 2A, specifically regarding the IGST paid on imports, which was reflected in GSTR 2A but ignored in the assessment.
  • The petitioner requested an opportunity to explain the discrepancy to the satisfaction of the respondent.
  • The petitioner agreed to remit 10% of the disputed tax demand as a condition for remand of the matter.

Respondent’s Arguments

  • The impugned order was preceded by adequate procedural steps including an intimation, a show cause notice, and three reminders for personal hearings.
  • The tax liability was confirmed because the petitioner failed to respond to the show cause notice.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court examined the impugned order and noted that the tax demand was confirmed due to the petitioner’s failure to respond to the show cause notice concerning the discrepancy between GSTR 3B and GSTR 2A returns. The petitioner contended that the IGST paid on imports, reflected in GSTR 2A, was not considered, and requested an opportunity to clarify. The court found merit in the petitioner’s contention that the matter requires reconsideration, provided that procedural fairness is observed. Although the respondent argued that notices and reminders were issued, the petitioner’s claim of lack of actual communication was accepted as a ground for reconsideration. Therefore, the court set aside the impugned order on condition that the petitioner remit 10% of the disputed tax demand within two weeks and submit a reply to the show cause notice. Upon compliance, the respondent was directed to provide a reasonable opportunity for personal hearing and pass a fresh order within three months from receipt of the petitioner’s reply.

Holding and Implications

DISPOSED OF

The writ petition was disposed of on the terms that the petitioner must remit 10% of the disputed tax demand and submit a reply to the show cause notice within two weeks. The respondent is then directed to reconsider the matter, provide a personal hearing, and pass a fresh order within three months. This decision directly affects the parties by setting aside the impugned order and mandating reconsideration with procedural fairness. No new legal precedent was established by this order.

Show all summary ...

W.P.No.10977 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P. No.10977 of 2024

and W.M.P.Nos.12061 & 12062 of 2024

M/s.Sree Manoj International, Represented by its ProprietorMr.P.Periyasamy, 1stFloor, 24/18, 4thStreet,

KVR Nagar Main Road, KTC School Road,

Tiruppur-641 604. ... Petitioner -vs-

The Deputy State Tax Officer, Tiruppur North -2 Assessment Circle Tiruppur. ... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari, to call for the impugned proceedings of the respondent in TSTIN:33AAKFM3981G1z5/2018- 2019 dated 01.03.2024 and the summary of the order in Form GST DRC-07 dated 01.03.2024 passed in Reference No.ZD330324005476Q

1/6

and quash the same as passed contrary to the provisions of the cGST Act, 2017 and TNGST Act, 2017 and also in violation of principles of natural justice.

For Petitioner : Mr.P.Rajkumar

For Respondent : Mr.V.Prashanth Kiran

Government Advocate (Taxes)

**********

ORDER

An order in original dated 01.03.2024 is assailed on the ground of breach of principles of natural justice.

2. The petitioner states that he was unaware of proceedings until recently since the notices and order were uploaded in the GST portal and not communicated to the petitioner through any other mode. The present writ petition was filed in the said facts and circumstances.

2/6

3. Learned counsel for the petitioner submits that the confirmed tax proposal pertains to the alleged discrepancy between the petitioner's GSTR 3B returns and the auto-populated GSTR 2A. In relation thereto, he submits that the IGST paid in relation to imports is reflected in the GSTR 2A, but that the same was not taken into consideration. If provided an opportunity, he submits that the petitioner would be in a position to explain the discrepancy to the satisfaction of the respondent. On instructions, he submits that the petitioner agrees to remit 10% of the disputed tax demand as a condition for remand.

4. Mr.Prashanth Kiran, learned Government Advocate, accepts notice for the respondent. By inviting my attention to the impugned order, he points out that the impugned order was preceded by an intimation, a show cause notice and three reminders in respect of personal hearings.

3/6

5. On perusal of the impugned order, it is evident that the tax proposal pertaining to a mismatch between the GSTR 3B returns of the petitioner and the auto-populated GSTR 2A. It is also clear that the tax liability was confirmed because the petitioner failed to reply to the show cause notice. The petitioner asserts that there is no discrepancy and that the IGST component was not taken into consideration. In these circumstances, albeit by putting the petitioner on terms, the matter requires reconsideration.

6. Therefore, the impugned order dated 01.03.2024 is set aside subject to the condition that the petitioner remits 10% of the disputed tax demand as agreed to within a period of two weeks from the date of receipt of a copy of this order. Within the aforesaid period, the petitioner is also permitted to submit a reply to the show cause notice. Upon receipt of the petitioner's reply and upon being satisfied that 10% of the disputed tax demand was received, the respondent is directed to provide a reasonable opportunity to the

4/6

petitioner, including a personal hearing, and thereafter issue fresh order within a period of three months from the date of receipt of the petitioner's reply.

7. W.P.No.10977 of 2024 is disposed of on the above terms. No costs. Consequently, W.M.P.Nos.12061 and 12062 of 2024 are closed.

25.04.2024

Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No kal

5/6

SENTHILKUMAR RAMAMOORTHY,J

kal To

The Deputy State Tax Officer, Tiruppur North -2 Assessment Circle Tiruppur.

W.P. No.10977 of 2024 and W.M.P.Nos.12061 & 12062 of 2024

25.04.2024

6/6