GST
TRT-2025-
Jharkhand High Court
Date:-15-06-23
In:-
Issue Favourable to Tax Payer ?:-
Order Date – 15 June 2023
Parties: M/s Shree Ram Agrotech Vs The State of Jharkhand, The Deputy Commissioner of State Tax, The State Tax Officer, The Commercial Tax Officer, The Joint Commissioner of Commercial Tax (Appeal)
Facts –
- The Petitioner, M/s Shree Ram Agrotech, received a recovery notice as reminder for recovery of demand. But the details of demand were not provided to the petitioner even after requesting for the same.
- The petitioner applied for a certified copy of the Form DRC-07 dated 19.01.2019 passed in the case of the petitioner. The certified copy of DRC-07 was given to the petitioner on or around 27.08.2021.
- Since Form DRC-07 is only a summary order and the petitioner was not provided with the detailed order in terms of Section 73 of the JGST Act and as the petitioner was not provided with the show cause notice.
Issue –
- Whether the Respondents are entitled for recovery?
Order –
- The Divisional Bench of Hon’ble High observed that it is crystal clear that no show cause notice in terms of Section 73 (1) of the JGST Act, 2017 has been served by the Respondents upon the Petitioner towards imposition of the tax, interest and penalty under the JGST Act for the concerned period.
- The reliance of the Respondents on the alleged Summary show cause in Form GST DRC-01, dated 20.12.2018, is also of not much avail. The contents of the said Summary show cause in Form GST DRC-01, dated 20.12.2018, does not provide the specific alleged violations by the Petitioner and also does not specifically give the opportunity to the Petitioner to rebut the allegations of the Respondent Department.
- Thus, in essence, the said Form GST DRC-01 dated 20.12.2018, cannot be considered as an opportunity provided by the Respondent to the Petitioner before passing of the Impugned Summary Adjudication order in Form GST DRC – 07.
- It was held that when no detailed adjudication order, as required under Section 73 (9) of JGST Act, 2017, has been passed or issued to the Petitioner, the Petitioner is not liable to pay any tax, interest or penalty only on the basis of the said Form DRC-07.
- Thus, the Summary Order in Form GST DRC-07 is quashed and the writ petition is disposed of.
Download Case Law
