Case Details: H.P. Instruments vs. Assistant Commissioner of Commercial Taxes (2026) 38 Centax 134 (Kar.)
Judiciary and Counsel Details
- S.R. Krishna Kumar, J.
- Smt. Lakshmi Menon & Smt. Shreya Ann Mathew, Advs., for the Petitioner.
- Smt. Jyoti M. Maradi, HCGP, for the Respondent.
Facts of the Case
The petitioner-assessee was proceeded against under section 73(1) of the CGST, read with the Karnataka GST Act, on account of alleged tax liability not involving fraud or wilful misstatement, pursuant to issuance of a show-cause notice (SCN). It was recorded that no reply was filed to the SCN, following which the proper officer passed an ex parte order under section 73(9). The statutory appeal filed by the petitioner-assessee against the said order was dismissed on the ground of limitation. In the writ proceedings, the petitioner-assessee submitted that the SCN was not received due to a change in the registered email address and that awareness of the proceedings was obtained only subsequently, contending that the failure to submit a reply was due to bona fide reasons and unavoidable circumstances and seeking an opportunity to respond to the SCN. The matter was accordingly placed before the Karnataka High Court.
High Court Held
The Karnataka High Court held that, in view of the specific assertion regarding non-receipt of the SCN on account of change of email address and the explanation offered for the omission to reply, a justice-oriented approach was warranted. Interpreting section 73 read with section 75 of the CGST and the Karnataka GST Act, the Court observed that compliance with principles of natural justice required that an effective opportunity be afforded where sufficient cause was demonstrated. Applying the law to the facts, the Court found that the adjudication having been completed ex parte, denial of an opportunity to reply would be procedurally unjust. Accordingly, the impugned orders were set aside and the matter was remitted to the proper officer for reconsideration afresh from the stage of filing reply to the SCN, subject to imposition of costs.
