GST Appellate Tribunal, Raipur
Manoj Iron and Steel Traders v. Commissioner of State Tax
The ruling in brief
Where scrutiny of e-way bills and subsequent proceedings led to disputed liability for two invoices, and Commissioner (Appeals) granted relief for one invoice (GST-1399) and sustained demand for another (GST-125), with respondent not challenging relief on GST-1399 before Tribunal, only GST-125 remained in controversy, leaving relief on GST-1399 undisturbed and outside Tribunal’s purview.
Where assessee, accused of duplicate e-way bill generation and non-payment, specifically requested a personal hearing and submitted defence, adjudicating authority confirmed demand without granting post-reply hearing or giving reasoned decision, such order violated statutory mandate for opportunity of hearing and duty to record reasons, hence original adjudication was vitiated for non-compliance with legal requirements.
Where dispute survived for single invoice with two e-way bills for same vehicle, non-cancellation was admitted and no primary records or evidence were produced to prove asserted system glitch, appellate proceedings could not cure breach of statutory personal hearing at original stage, warranting limited remand for fresh determination after affording statutory hearing and considering primary evidence.
Where demand was confirmed on duplicate e-way bills against same invoice with unpaid tax alleged, and cancellation of the second e-way bill was raised in appeal, reference by appellate authority to statutory cancellation mechanism did not introduce a new ground, since existence and non-use of cancellation window was relevant to assess appellant's defence of unintentional duplication.…
Provisions considered
Section 112 of Central Goods and Services Tax Act, 2017/Chhattisgarh Goods and Services Tax Act, 2017; Section 75 of Central Goods and Services Tax Act, 2017/Chhattisgarh Goods and Services Tax Act, 2017; Section 113, read with section 75, of Central Goods and Services Tax Act, 2017/Chhattisgarh Goods and Services Tax Act, 2017; Section 75 of Central Goods and Services Tax Act, 2017/Chhattisgarh Goods and Services Tax Act, 2017 - Rule 138 of Central Goods and Services Tax Rules, 2017/Chhattisgarh Goods and Services Tax Rules, 2017; Section 73 of Central Goods and Services Tax Act, 2017/Chhattisgarh Goods and Services Tax Act, 2017 - Rule 142 of Central Goods and Services Tax Rules, 2017/Chhattisgarh Goods and Services Tax Rules, 2017; Section 73, read with section 75, of Central Goods and Services Tax Act, 2017/Chhattisgarh Goods and Services Tax Act, 2017 - Rule 138 of Central Goods and Services Tax Rules, 2017/Chhattisgarh Goods and Services Tax Rules, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.