Madras High Court Responds to Oversight: Orders Fresh Hearing

GST DOST's BLOG

Madras High Court Responds to Oversight: Orders Fresh Hearing

The Madras High Court issued a significant ruling in the Stem Infrastructure case, setting aside the previous adjudication order and directing a fresh hearing in favour of the petitioner. The petitioner informed the Court that they had engaged an accountant to manage GST compliance; however, due to the accountant's negligence, the petitioner was not notified of the show-cause notice and subsequent proceedings. As a result, they were unable to respond in a timely manner.

The core issue arose when the tax department issued a show-cause notice based on discrepancies between the petitioner's GSTR 3B and GSTR 2A returns. The petitioner failed to respond due to the accountant's lack of diligence.

The Court recognized that this oversight denied the petitioner a fair opportunity to present their case. Consequently, the Court annulled the previous adjudication order and instructed the tax department to give the petitioner another chance to respond and participate in a new hearing.

DOST CA Vikash Dhanania emphasized the importance of substantiating all claims with proper evidence in order to seek relief in Court.

Date of Judgment: June 7, 2024