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CASE TITLE:  M/S Abhay Traders v. Commissioner Commercial Tax U.P. Lucknow and Another (WRIT TAX No. – 1265 of 2022)

DECIDED ON: 14.7.2023

CORAM: Hon’ble Siddhartha Varma,J. Hon’ble Arun Kumar Singh Deshwal,J.

PETITIONER: – M/S Abhay Traders

RESPONDENT: – Commissioner Commercial Tax U.P. Lucknow and Another

COUNSEL FOR PETITIONER: – Aloke Kumar

COUNSEL FOR RESPONDENT: – C.S.C.,Ankur Agarwal,Gopal Verma

INTRODUCTION:

The Allahabad High Court has ruled that a show cause notice must include the grounds on which the action is being initiated. If the show cause notice is deemed adequate, the assessee has the option to respond and raise objections before the relevant authorities.

In the present case, the petitioner received a show cause notice under Section 74 of the Uttar Pradesh Goods and Services Tax Act, 2017, stating that Input Tax Credit was incorrectly claimed by the petitioner based on purchases from a fictitious firm. The petitioner was required to provide reasons as to why tax and penalty should not be imposed on them.

FACTS:

The counsel representing the petitioner asserted that the show cause notice lacked clarity and was not in accordance with the law. They argued that it was solely based on the report from the Special Investigation Branch.

On the other hand, the counsel representing the Department contended that the proceedings had not been initiated yet, and the show cause notice served as an opportunity for the petitioner to respond and present objections. Additionally, they argued that further action based on the show cause notice could only be taken if it appeared to the proper officer that tax had not been paid or was underpaid, or if there were issues with Input Tax Credit due to fraudulent activities, willful statements, or concealment of facts. According to them, the writ petition was premature and should be dismissed.

CASE ANALYSIS AND DECISION

Based on the precedent set in the case of Gorkha Security Services Vs. Government (NCT of Delhi) [(2014) 9 SCC 105], the court emphasized that a show cause notice must explicitly state the charges against the individual under scrutiny, ensuring compliance with the principles of natural justice.

The Court observed that the show cause notice was not unlawful merely because the Petitioner was asked to provide reasons as to why tax and penalty should not be imposed, rather than seeking a response on the merits of the allegations. The show cause notice issued under Section 74 (1) of the 2017 Act was deemed sufficient as it contained all the necessary details and grounds for its issuance. Consequently, it cannot be invalidated under Article 226 of the Constitution of India.

As a result, the petition was resolved by directing the petitioner to submit their reply and objections, along with evidence related to the disputed transactions, to the concerned authorities within a month.

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Written by- Mansi Malpani