Case Details: Fair Deal Cars Pvt. Ltd. Versus Commissioner CGST, Delhi East Commissionerate (2025) 30 Centax 463 (Del.)
Judiciary and Counsel Details
- Pratibha M. Singh & Rajneesh Kumar Gupta, JJ.
- S/Shri Rajesh Jain, Virag Tiwari, Ramashish, Rishabh Jain & Ms Tanya Saraswat, Advs. for the Petitioner.
- S/Shri Gibran Naushad, SSC, Harsh Singhal, Suraj Shekhar Singh, Ms Meghna Rao, Harshit Goel, Advs. & Nune Balraj, SPC for the Respondent.
Facts of the Case
The petitioner, a registered assessee, challenged an order of demand issued under Section 73 of the CGST and Delhi GST Act, 2017, contending that it was passed without due compliance with Rule 142(1A) of the CGST Rules, 2017. The petitioner submitted that a notice for scrutiny of return under Section 61 had been issued and duly replied to; however, no pre-consultation notice in Form GST DRC-01A, as mandated under Rule 142(1A), was served thereafter. As a result, the petitioner neither filed a further reply nor attended any of the four scheduled personal hearings. It was contended that the absence of pre-consultation denied the assessee a meaningful opportunity to be heard before adjudication. Consequently, the matter was placed before the Hon’ble High Court under Article 226 of the Constitution of India.
High Court Held
The Hon’ble High Court held that the absence of a pre-consultation notice in Form GST DRC-01A under Rule 142(1A) of the CGST Rules, 2017 and Delhi GST Rules, 2017 constituted a material procedural lapse. The Court observed that although personal hearing dates had been granted, the failure to issue the mandatory pre-consultation notice rendered the proceedings non-compliant with the principles of natural justice. Accordingly, the impugned order was set aside and the matter remanded for fresh adjudication, with a direction to the jurisdictional officer to provide the petitioner a proper opportunity to submit its response and be heard on merits.
List of Cases Cited
- DJST Traders (P.) Ltd. v. Union of India — [2025] 174 taxmann.com 191 (Delhi) — Referred [Para 4]
- HCC-SEW-MEIL-AAG JV v. Asstt. Commissioner of State Tax — [S.L.P No. 4240 of 2025, dated 21-2-2025] — Referred [Para 11]
List of Notifications Cited
- Notification No. 09/2023-Central Tax, dated 31-3-2023
- Notification No. 56/2023 – Central Tax dated 28-12-2023
