Delhi High CourtTax LawAdministrative and Public Law

SCN uploaded in ‘Additional Notices’ tab without effective visibility constitutes denial of fair hearing.

M/S. Nhd Motorsv.The Government Of N.C.T. Of Delhi And Anr.

SCN uploaded in ‘Additional Notices’ tab without effective visibility constitutes denial of fair hearing.. M/S. Nhd Motors vs The Government Of N.C.T. Of Delhi And Anr.. Delhi High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

1. Whether an adjudication order passed without a reply from the taxpayer is sustainable when the SCN was uploaded in the "Additional Notices Tab" of the GST portal.

The court held

The Court set aside the impugned demand order dated April 5, 2024.

It also directed

The matter was remanded to the Adjudicating Authority to ensure a decision on the merits.

The Court granted the Petitioner until May 8, 2026, to file a reply to the SCN.

The Adjudicating Authority was directed to provide a personal hearing, duly communicate the hearing notice to the Petitioner, and pass a fresh order after considering the Petitioner's reply and submissions.

Access to the GST portal was ordered to be provided to enable the Petitioner to upload the reply and view related documents.

01Facts

The Petitioner, a partnership firm registered under the GST regime, challenged a Show Cause Notice (SCN) dated December 9, 2023, for the Financial Year 2018-19, and a subsequent adjudication order dated April 5, 2024.

pp. 1-2, para 1-2

The impugned order, passed under Section 73 of the DGST Act, raised a tax demand of ₹23,67,282.

p. 2, para 3

The Petitioner did not file a reply to the SCN because the notice was uploaded on the GST portal under the "Additional Notices Tab," which was not visible or known to the Petitioner at the time.

p. 2, para 4

Consequently, the order was passed ex-parte without the Petitioner having an opportunity to contest the demand or the alleged miscalculation of Input Tax Credit.

p. 2, para 4

02Issues

i.1. Whether an adjudication order passed without a reply from the taxpayer is sustainable when the SCN was uploaded in the "Additional Notices Tab" of the GST portal.

p. 4, para 6

ii.2. Whether a reminder notice issued after a portal update can validate an SCN that was initially not effectively served.

p. 5, para 8

03Law Applied

The court primarily applied Section 73 of the Delhi Goods and Services Tax Act, 2017, concerning the determination of tax.

p. 2, para 3

It relied on the principles of natural justice and the right to a fair hearing as protected under Article 226 of the Constitution.

p. 1, para 1 · p. 2, para 5

The Court followed the precedents set in Neelgiri Machinery v. Commissioner Delhi Goods and Service Tax and Satish Chand Mittal v. Sales Tax Officer, which established that notices placed in the "Additional Notices Tab" prior to portal redesigns (pre-January 16, 2024) do not constitute effective service if they were not visible to the noticee.

pp. 3-4, para 5-6

Provisions in the judgment · 1

Delhi Goods and Services Tax Act, 2017 Section 73

04Reasoning

The Court noted that the "Additional Notices Tab" was only made clearly visible through portal changes introduced after January 16, 2024.

p. 4, para 6

Since the SCN in this case was issued on December 9, 2023, it was placed in a tab that was not effectively accessible to the Petitioner.

p. 4, para 6

The Respondent argued that a reminder was issued on February 27, 2024 (after the portal update), which should have alerted the Petitioner.

p. 5, para 7

However, the Court rejected this contention, reasoning that if the original SCN was never effectively served due to its placement in the "Additional Notices Tab," any subsequent "reminder" regarding that specific SCN cannot be treated as valid or effective service in the eyes of the law.

p. 5, para 8

The Court emphasized the necessity of ensuring orders are not passed in default and that taxpayers receive a fair opportunity to be heard on merits.

p. 2, para 5

05Holding

The Court set aside the impugned demand order dated April 5, 2024.

p. 5, para 9

The matter was remanded to the Adjudicating Authority to ensure a decision on the merits.

pp. 4-5, para 6

The Court granted the Petitioner until May 8, 2026, to file a reply to the SCN.

p. 5, para 9

The Adjudicating Authority was directed to provide a personal hearing, duly communicate the hearing notice to the Petitioner, and pass a fresh order after considering the Petitioner's reply and submissions.

p. 5, para 10

Access to the GST portal was ordered to be provided to enable the Petitioner to upload the reply and view related documents.

p. 5, para 11
Delhi High Court

Original Court PDF

M/S. Nhd MotorsvsThe Government Of N.C.T. Of Delhi And Anr.

Delhi High Court · April 15, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment