The Madras high court has set aside the GST demand order issued to a construction company on the grounds that the order was passed, ignoring the request made by the company seeking an adjournment of the personal hearing.
The court was hearing the petition filed by a private company engaged in the business of construction works and contract services. The authorities conducted a surprise inspection in Jan 2024 and issued a notice pointing out certain defects concerning the input tax credit (ITC) availed and the turnover reported by the petitioner company.
Subsequently, a reminder notice was issued on July 19, 2024, scheduling a personal hearing on July 26, 2024. In response, the company submitted an adjournment letter requesting additional time to file a reply with supporting documents. However, without considering this request, state tax officer 1 (inspection), Trichy division, passed the GST demand order under Section 74 of the Central Goods and Services Act. Challenging the order, the petitioner filed the petition.
Justice Vivek Kumar Singh observed that the court is of the view that the order suffers from a violation of the principles of natural justice. Hence, the judge set aside the order and remitted the matter back to the authorities for fresh consideration. The judge directed the petitioner to file their reply along with the relevant documents within a week. The authorities shall consider the petitioner’s reply and pass a reasoned and speaking order in accordance with the law after affording an opportunity for a personal hearing, within three weeks thereafter, the judge directed and disposed of the petition.
Source #TOI
