Facts
The petitioner challenged the assessment order dated 9 April 2026 and the corresponding Form GST DRC-07 summary.
Source reference: no citationAfter an earlier assessment order had been set aside by the High Court, the respondent issued a fresh notice and show-cause notice, which were uploaded on the GST portal.
Source reference: p. 2–3, 4The petitioner said it was unaware of those notices, had not received physical copies, and was not afforded a personal hearing before the impugned order was passed.
Source reference: p. 2–3, 4The petitioner offered to pay 25% of the disputed tax, and the respondent agreed to remand subject to that payment.
Source reference: p. 3Issues
Whether the impugned assessment order should be set aside and the matter remanded where the notices were uploaded on the GST portal, but the petitioner claimed lack of notice and no personal hearing.
Source reference: p. 4–5Whether remand should be conditional on the petitioner depositing 25% of the disputed tax.
Source reference: p. 5Law Applied
Section 169(1) of the GST Act recognises prescribed modes of service, including service through the GST portal and other available modes.
Source reference: p. 4–5Portal upload constitutes sufficient service; however, where a taxpayer does not respond to notices sent through one mode, the officer should consider other prescribed modes—preferably RPAD—to make service effective, rather than treating procedural compliance as an empty formality.
Source reference: p. 4–5The Court also applied the principle that an assessment should not be concluded without a meaningful opportunity to respond and be heard.
Source reference: p. 4No precedent was cited.
Source reference: no citationReasoning
The Court accepted that the notices had been uploaded to the GST portal, but considered the petitioner’s claim that it was unaware of them and that no personal hearing had been provided.
Source reference: p. 4It held that where repeated portal notices receive no response, the officer should explore other modes of service under Section 169(1), preferably RPAD, to ensure effective notice and avoid ex parte orders and further litigation.
Source reference: p. 4–5Given the petitioner’s undertaking to pay 25% of the disputed tax, the Court found remand appropriate.
Source reference: p. 5Holding
The Court set aside the impugned orders and remanded the matter for fresh consideration, conditional on the petitioner paying 25% of the disputed tax within four weeks of receiving the order; the setting aside takes effect from the date of payment.
The petitioner must file its reply and supporting documents within three weeks of payment.
Source reference: p. 6The respondent must then give 14 clear days’ notice fixing a personal hearing and pass a fresh order on the merits and in accordance with law.
Source reference: p. 6The writ petition was disposed of without costs.
Source reference: p. 6Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Central Goods and Services Tax Act, 20171
Original Court PDF
Shree Lakshmi Steels and HardwaresvsState Tax Officer,
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