Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

GST Update / 2026-27/0069

HCL Infotech Ltd. v. State of Uttar Pradesh & Others
GST UPDATE ON FRESH SECTION 74 SCN, LIMITATION AND PREJUDICE OF ADJUDICATING AUTHORITY
The Allahabad High Court, in HCL Infotech Ltd. v. State of Uttar Pradesh & Others, recently examined the validity of a fresh Show Cause Notice issued under Section 74 of the CGST/UPGST Act, 2017 in respect of FY 2017-18. The dispute arose in the backdrop of an earlier show cause notice under Section 73, proceeding which was subsequently dropped, followed by a Section 74 notice that was quashed by the High Court with liberty to the Revenue to initiate fresh proceedings, subject to the existence of the requisite ingredients under Section 74.
The present judgment is particularly relevant in determining the effect of such judicial liberty on limitation under Section 75(3) and the extent to which the Revenue can pursue the matter thereafter. At the same time, the Court examined whether the language used by the adjudicating authority in the subsequent SCN reflected a pre-determined or prejudicial approach. While upholding the Revenue’s ability to proceed within the period arising from the earlier Court’s direction, the Court ultimately set aside the impugned notice on account of prejudice and lack of impartiality, while permitting the matter to be considered afresh by a different officer.
Brief Facts of the Case -
HCL Infotech Ltd. was subjected to proceedings relating to FY 2017-18 concerning various alleged irregularities in availment of ITC. Initially, the department issued a Show Cause Notice dated 30.09.2023 under Section 73 of the Act. The notice raised various issues including ITC availed on imports without supporting documents such as Bills of Entry, ITC availed through TRAN-1, zero-rated supplies without supporting LUT/RFD-11, unreconciled ITC as per GSTR-9C and excess ITC requiring reversal under Rules 42 and 43. The said Section 73 proceedings were subsequently dropped on 30.12.2023.
Thereafter, another SCN dated 03.08.2024 under Section 74 was issued on the same tax period/issues. The petitioner challenged the said notice before the High Court. The High Court quashed this Section 74 show cause notice. However, the Court expressly permitted the department to initiate fresh proceedings under Section 74 by issuing a fresh SCN containing such basic ingredients, if they existed.
Subsequently, the department issued another SCN dated 22.07.2026 under Section 74, which was challenged by HCL Infotech before the Allahabad High Court.
 
 
Core Issues Before the High Court –
  1. Whether the fresh SCN dated 22.07.2026 issued under Section 74 was barred by limitation?
  2. Whether the department could issue a fresh Section 74 SCN after the earlier Section 73 proceedings on the same issues had been dropped?
  3. Whether the earlier High Court judgment permitted the Revenue to initiate fresh proceedings under Section 74?
  4. Whether the observations made by the adjudicating authority in the impugned SCN demonstrated prejudice or pre-determination of the issue, thereby violating principles of natural justice?
Petitioner’s Argument –
The petitioner contended that the impugned SCN dated 22.07.2026 was barred by limitation. According to the petitioner, the limitation for issuance of the notice had already expired on 05.08.2024 and there was no provision under the GST law permitting issuance of a fresh notice beyond the prescribed period merely because an earlier SCN had been quashed.
The petitioner further argued that Section 75(3) could not be invoked because the earlier High Court proceedings involved quashing of a Show Cause Notice and not setting aside of any final adjudication order.
It was also contended that the earlier writ judgment had recorded findings in favour of the petitioner and therefore the Revenue could not reopen the same jurisdictional issues.
The petitioner further argued that the department had already initiated proceedings under Section 73 for the same tax period and issues through SCN dated 30.09.2023. Since those proceedings were subsequently dropped on 30.12.2023, a second proceeding under Section 74 on the same issues could not be initiated.
The petitioner also challenged certain observations contained in the impugned SCN, particularly the allegation that the petitioner had “misled the Court” and made a willful misstatement. It was argued that such observations demonstrated that the adjudicating authority had already formed a prejudicial opinion against the petitioner even before adjudication.
Department’s Argument –
The Revenue contended that the earlier High Court order dated 27.09.2024 had specifically granted liberty to the department to initiate fresh proceedings under Section 74. According to the Revenue, once such liberty was granted by the Court, Section 75(3) permitted the department to act within two years from the date of communication of the Court’s order. Therefore, the fresh proceedings were within the permissible period.
The Revenue further argued that the earlier High Court judgment had not decided the merits of the tax dispute. The earlier Section 73 SCN had merely been quashed.
The Revenue therefore contended that the department had not lost jurisdiction merely because the earlier Section 73 proceedings had been dropped or because the subsequent Section 74 SCN had been quashed.
Court’s Observation and Decision
The Court examined the earlier judgment dated 27.09.2024 and observed that the earlier writ petition had expressly permitted the department to initiate fresh proceedings under Section 74, subject to the existence of the necessary ingredients of fraud, willful misstatement or suppression of facts.
The earlier order had attained finality and had not been challenged before the Supreme Court. Therefore, the petitioner could not subsequently contend that the Revenue had no authority to initiate fresh proceedings under Section 74.
On Limitation –
The Court considered Section 75(3) of the Act, which provides that where an order is required to be issued pursuant to the direction of an Appellate Authority, Appellate Tribunal or Court, such order is to be issued within two years from the date of communication of such direction.
The Court acknowledged that Section 75(3), on a literal reading, generally contemplates a situation where an adjudication order has been set aside and fresh proceedings are required.
However, in the present case, the earlier High Court had issued a specific positive direction permitting fresh Section 74 proceedings. Therefore, the Revenue was entitled to act pursuant to that direction within two years from communication of the order dated 27.09.2024.
Accordingly, the Court rejected the petitioner’s limitation objection and held that the fresh proceedings were not barred merely because the normal limitation period had otherwise expired.
On Earlier Section 73 Proceedings –
The Court also considered the fact that proceedings under Section 73 had earlier been initiated and subsequently dropped.
The Court noted that Sections 73 and 74 operate in different fields. Section 73 applies to cases of tax not paid/short paid or ITC wrongly availed or utilised for reasons other than fraud, willful misstatement or suppression of facts, whereas Section 74 applies where such circumstances involving fraud, willful misstatement or suppression exist.
Therefore, the earlier dropping of the Section 73 proceedings did not, by itself, permanently prevent the Revenue from initiating proceedings under Section 74, particularly when the earlier writ order had expressly left liberty to issue a fresh Section 74 SCN if the jurisdictional ingredients existed.
On Prejudice and Bias –
However, the Court found serious fault with the language used in the impugned SCN.
The SCN contained observations alleging that the petitioner had “misled the Court” and had made a willful misstatement in relation to the earlier proceedings.
The Court observed that such comments were unnecessary and inappropriate. More importantly, the language of the SCN demonstrated an element of prejudice on the part of the adjudicating authority.
The Court observed that the prejudice was particularly concerning because it appeared to arise from the fact that the petitioner had previously approached the High Court and obtained relief.
The Court therefore held that merely deleting the objectionable observations would not be sufficient because the overall recital itself indicated that the adjudicating authority had already formed a prejudicial view.
Accordingly,the impugned SCN dated 22.07.2026 was set aside solely on the ground of prejudice/bias of the adjudicating authority. Court directed to issue fresh SCN within two weeks and also the matter should be assigned to an officer other than the officer who had issued the impugned SCN. The fresh adjudicating authority must apply its mind to the facts neutrally and without being prejudiced by observations made in the earlier proceedings.

CA Pradeep Jain_ 
This is solely for educational purpose
Readers can also access this from our 
Linkedin account : www.linkedin.com/in/ca-pradeep-jain-b6a31a16 

Opinion

Conclusion
The judgment is significant from the perspective of limitation under Section 75(3) and the principles of natural justice in GST proceedings. The Court, in the peculiar facts of the present case, accepted the Revenue’s contention that the specific liberty granted by the earlier writ Court to initiate fresh proceedings under Section 74 enabled the Revenue to proceed within two years from the communication of that judicial direction.
However, an important distinction emerges from the language of Section 75(3) itself. The provision specifically states that where an order is required to be issued pursuant to the direction of an Appellate Authority, Appellate Tribunal or Court, “such order shall be issued within two years”. The provision does not expressly prescribe a two-year period for issuance of a fresh Show Cause Notice.
The High Court itself recognized this distinction and noted that Section 75(3), on a literal reading, contemplates a situation where an adjudication order has been set aside, rather than merely a Show Cause Notice being quashed. Nevertheless, considering the specific and positive direction contained in the earlier writ judgment, which had attained finality, the Court held that the Revenue could proceed in the present case within two years from the communication of that order.
Therefore, in our view, the judgment should be confined to its peculiar factual and procedural circumstances and should not be read as laying down a general proposition that Section 75(3) automatically extends the limitation for issuance of a fresh SCN whenever an earlier SCN is quashed by a Court. The specific terms of the judicial order and the liberty granted to the Revenue would remain relevant in determining whether fresh proceedings can be initiated.
The judgment also reinforces the importance of fair and impartial adjudication. Although the Court accepted the revenue’s ability to proceed in the peculiar circumstances of the case, it set aside the impugned SCN because the observations made therein reflected prejudice on the part of the adjudicating authority. The matter was accordingly directed to be considered afresh by a different officer, thereby reaffirming that even where the Revenue possesses jurisdiction to initiate proceedings, such power must be exercised in accordance with the principles of natural justice.
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com