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The Scent of Honesty, the Shock of GST: Amit Bothra’s Battle for Justice
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🌤️ A Simple Businessman’s Honest Life

In the bustling streets of Indore, nestled in a small alley, was Amit Bothra's modest shop—“Vishnu Essence.” Every morning, Amit would open his shop, light an incense stick in front of the deity’s picture, and begin his work. Within moments, the scent of incense, perfumes, and essential oils filled the neighbourhood. Though his business was small, Amit’s principles were big—he always paid his GST returns, electricity bills, and complied meticulously with every rule. He often said confidently,
"If I’m honest, why should I fear?"

🌩️ A Sudden Storm: GST Department's Surprise Visit

But on the morning of January 10, 2020, Amit’s peaceful life took a dramatic turn. GST officials arrived unannounced under Section 67, initiating a sudden search and seizure operation at his shop. They examined records, machinery, electricity consumption, and within hours accused Amit of evading taxes based purely on electricity usage.

"You’ve consumed more electricity; surely you've produced more goods and underpaid taxes," officials insisted. Amit, deeply shaken, pleaded,
"Sir, please verify my records. I have honestly reported everything."

But the officers disregarded his plea and left abruptly, leaving him confused and distressed.

📩 First Notice (DRC-01A): Asking Questions, Receiving Silence

Soon afterward, Amit received a notice, DRC-01A, from the GST department. The notice demanded immediate payment of tax, interest, and penalties, warning that failure to comply would lead to stricter action. Amit felt anxious but gathered courage and promptly responded, requesting the documents and calculations used to determine the alleged shortfall.
"Please provide the details; show me how you reached these conclusions," he wrote.

Yet, no reply came. Amit's anxiety deepened with each passing day.

📃 Second Notice (DRC-01): Seeking a Personal Hearing

A few months later, another severe notice arrived—a formal Show Cause Notice (DRC-01) under Section 74(1), stating explicitly,
"Explain why additional tax, interest, and penalty should not be recovered from you."

Realizing the seriousness of the matter, Amit responded immediately and thoroughly. This time, he specifically requested a personal hearing. He clearly wrote,
"I request a Personal Hearing. Allow me to present my case and clarify any misunderstandings. I am not evading my responsibilities; I simply want to be heard."

Amit trusted the department would surely provide an opportunity for fair hearing, resolving all confusion.

💔 Shock and Despair: An Ex-Parte Order (DRC-07)

To Amit’s utter disbelief, GST officials completely ignored his request. Without granting a personal hearing, without providing documents, without considering his explanations, they directly issued a final assessment order—DRC-07—imposing heavy taxes, interest, and penalties.

Amit was shattered. He felt helpless, betrayed, and deeply hurt. Years of honesty and hard work seemed meaningless. With tears in his eyes, he wondered,
"Do we small businessmen not have a voice? Are we just supposed to accept such one-sided orders silently?"

⚖️ Knocking the Doors of Justice: Approaching High Court

Despite the crushing blow, Amit resolved to fight for justice. Gathering courage once more, he approached the Madhya Pradesh High Court, Indore Bench. In his heartfelt petition, Amit explained,
"I responded to every notice, fulfilled every requirement, and clearly asked for a personal hearing. But the department passed a final order without even listening to me. How is this fair? How can this be called justice?"

🌈 Court’s Firm Stand: "Right to be Heard is a Fundamental Right"

The High Court carefully examined Amit’s grievance. After deep consideration, the court noted the clear provision under Section 75(4) of the GST Act:

  • "Whenever a taxpayer requests a Personal Hearing in writing, or an adverse order is proposed, it is mandatory for authorities to grant a Personal Hearing."

The court strongly criticized the GST department's action, remarking,
"Failing to provide a personal hearing isn’t just a minor procedural lapse; it's a fatal legal error. It violates the principles of natural justice. Such an order cannot stand."

🌟 Triumph of Justice: Order Quashed, Hope Restored

Finally, the High Court quashed the GST department's DRC-07 order. The Court directed clearly,
"This case is remanded to a different officer. Amit Bothra must be provided a full and fair personal hearing before passing any new order."

That day, tears of relief filled Amit’s eyes. His shop’s lost fragrance returned, and so did his faith in justice. He felt deeply,
"At last, my voice has been heard. Justice still exists."

📣 Important Message for Every Business Owner

This case carries a powerful message for every taxpayer and businessperson:

  • Do not panic when you receive a GST notice.

  • Always respond promptly, clearly, and request a personal hearing in writing.

  • If the authorities don't hear you, don’t lose hope. Courts are there to ensure justice.

Always remember:
"Requesting a Personal Hearing isn’t a favor—it's your fundamental legal right."

📌 Case at a Glance:

  • Case Name: M/s Vishnu Essence vs. State of Madhya Pradesh

  • Court: Madhya Pradesh High Court, Indore Bench

  • Judgment Date: July 11, 2025

  • Citation: 2025-VIL-721-MP2025-VIL-721-MP


🚀 Did this story inspire you?

If this story resonated with you, please share it widely. Your sharing could bring awareness and empower someone facing similar challenges. Remember, every voice counts.

For any GST-related issues, don't hesitate to reach out. GST DOST stands with you—your voice, your rights, your trust.


 

Vikash Dhanania

Founder of GST DOST, is a seasoned CA with exceptional expertise in GST. Honored with the prestigious Hariyana Pratibha Puruskaar, Vikash is known in the market as DOST, reflecting his friendly and supportive approach. He excels in leveraging AI, KI, and EI to deliver impactful solutions that satisfy clients. An accomplished author, prolific blogger, and creator of educational videos for the business community, he also launched the groundbreaking online GST talk show, "GST ki Baat Dost ke Saath."