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Delhi High Court Remands GST Demand Order Issued Without Opportunity of Hearing; Says “Issue of Notification Validity Left Open”

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Court’s Decision

The Delhi High Court set aside the GST demand order passed against the petitioner for FY 2018–19, holding that the order was issued without granting an adequate opportunity to respond to the Show Cause Notice (SCN). The Court remanded the matter back to the adjudicating authority, allowing the petitioner time till 31 August 2025 to file a reply, and directed that a personal hearing be granted. It also clarified that the validity of the impugned notifications — the foundation for the SCN — is sub judice before the Supreme Court and thus remains open.


Facts

The petitioner challenged:

  1. SCN dated 6 December 2023 issued by the Department of Trade & Taxes, GNCTD, for FY 2018–19.
  2. Demand order dated 30 March 2024 passed by the Sales Tax Officer Class II/AVATO.
  3. Notification No. 09/2023–Central Tax dated 31 March 2023.

The SCN and reminder notice (20 November 2023) were uploaded only on the “Additional Notices Tab” of the GST portal, allegedly without direct intimation. As a result, the petitioner could not file a reply, and the order was passed ex parte.

The petitioner argued that this was a violation of natural justice and that the notification itself was invalid. The Court noted that similar issues regarding the validity of Notification Nos. 9/2023 and 56/2023 were pending before the Supreme Court in SLP No. 4240/2025 (M/s HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax & Ors.).


Issues

  1. Whether the SCN and subsequent demand order issued through the “Additional Notices Tab” without proper communication violate principles of natural justice.
  2. Whether the impugned Notification No. 09/2023 is valid, especially in light of pending Supreme Court proceedings.
  3. Whether the matter should be remanded for fresh adjudication pending the apex court’s ruling.

Petitioner’s Arguments

The petitioner submitted that:


Respondent’s Arguments

The department argued that:


Analysis of the Law

The Court examined:

The Court noted that the issue of the notification’s validity was already before the Supreme Court, and judicial discipline required leaving that issue open.


Precedent Analysis

The Court relied on:

  1. M/s ACE Cardiopathy Solutions Pvt. Ltd. v. Union of India — Held that non-intimation of notices violates natural justice.
  2. Kamla Vohra v. Sales Tax Officer Class II/AVATO — Similar ruling on improper portal communication.
  3. Satish Chand Mittal v. STO SGST — Directed remand when notices were uploaded under “Additional Notices & Orders” without proper visibility.
  4. Anant Wire Industries v. STO Class II/AVATO — Remand granted under similar facts.

These precedents reinforced that the remedy for such procedural lapses is to set aside the order and remand the matter for fresh consideration.


Court’s Reasoning


Conclusion


Implications


Referred Cases and Their Relevance

FAQs

Q1: What happens if GST notices are uploaded only under “Additional Notices” without proper intimation?
Such practice can be challenged as violating natural justice. Courts have remanded cases for fresh hearing in similar situations.

Q2: Is Notification No. 09/2023 declared invalid in this case?
No. The Delhi High Court left the validity issue open as it is pending before the Supreme Court.

Q3: What is the remedy if an ex parte GST order is passed without a hearing?
You can approach the High Court, which may set aside the order and remand the matter, directing proper service of notices and a fresh hearing.

Also Read: Supreme Court Cancels Bail of Kapil Wadhawan in ₹34,000 Crore DHFL Fraud Case: “Grant of Bail by the High Court Suffered from Non-Application of Mind”

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