IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Ramesh Chand Malviya
Lord Vishnu Construction Pvt. Ltd. – Appellant
Versus
Union of India through the Secretary, Ministry of Finance, Government of India, New Delhi – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Mrs. Archana learned Senior counsel for the petitioner and Mr. Anshuman Singh, learned Senior standing counsel for the CGST and CX and Mr. Vikash Kumar, Standing counsel for the State.
2. This writ petition has been preferred seeking the following reliefs :
That the Present Writ Petition is being filed for the following reliefs:
i) For direction upon the Respondent Commissioner of State Tax, Department of State Tax, Government of Bihar, Patna to register, hear and dispose of the Revision Application filed under section 108 of the GST Act, 2017 by the Petitioner against the order dated 31.10.2023 passed under section 73(9) of the GST Act, 2017 by the Respondent Deputy Commissioner of State Tax, Patna Central Circle-2, Patna with respect to Financial Year July, 2017 to March, 2018 as the same has been filed through e-mail dated 06.03.2024 due to non-uploading of Revision Application on the GST Portal of the Respondent Department;
ii) For direction upon the Respondent Deputy Commissioner of State Tax, Patna Circle-2, Patna to not take any coercive action or recovery measures for recovery of the impugned order dated 31.10.2023 passed under section 73(9) of
Effective service of notice under the GST Act is critical, with failure to serve properly resulting in quashing of demand and recognition of violation of natural justice principles.
The court held that service of notices via an online portal under an unusual column is insufficient, violating principles of natural justice, leading to the annulment of the ex parte order.
The court emphasized the necessity of effective notice service to uphold natural justice, ruling that failure to provide a fair opportunity to respond invalidates the impugned order.
Effective communication of adjudication orders is essential for initiating limitation under GST laws, and electronic service via the Common Portal alone does not satisfy this requirement.
The court held that lack of proper service of notice due to vagueness in the GST portal's structure violated the principles of natural justice.
The failure to provide valid notice and opportunity to be heard constitutes a violation of natural justice, necessitating quashing of ex parte orders under the GST Act.
Natural justice mandates an adequate opportunity for hearings; failure to do so renders an order void.
Proper service of notices is essential for upholding natural justice, and jurisdiction must be established based on the correct address of the party involved.
A Summary of Show Cause Notice cannot replace a proper Show Cause Notice, and failure to provide a hearing violates natural justice principles.
Service of show cause notice and order under Section 37C of the Central Excise Act, 1944 requires proof of delivery to ensure proper service. The provisions of Section 27 of the General Clauses Act, ....
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