TN Commercial Taxes Dept. Issues Instructions On GST Adjudication Proceedings [READ INSTRUCTIONS]

The Tamil Nadu Commercial Taxes Department has issued detailed guidelines governing adjudication proceedings under the GST Acts. The instructions are intended to address persistent grievances of taxpayers relating to hurried orders, inadequate opportunity of hearing, and non-speaking adjudication orders, while also strengthening the quality of quasi-judicial decision-making by tax authorities. Emphasis on Principles of Natural Justice The guidelines reiterate that adjudication under GST is a quasi-judicial function and must strictly adhere to the principles of natural justice. Adjudicating authorities have been directed to ensure that show cause notices are clear, specific, and contain all relevant facts, allegations, and legal provisions relied upon. Vague or cryptic notices, which do not enable taxpayers to effectively defend themselves, have been expressly discouraged. Mandatory Grant of Personal Hearing A key feature of the guidelines is the renewed emphasis on granting a reasonable opportunity of personal hearing. Authorities are required to provide adequate notice of hearings and ensure that adjournments sought for valid reasons are considered judiciously. Orders passed without granting a meaningful opportunity of hearing, especially where serious civil consequences are involved, have been cautioned against Requirement of Speaking and Reasoned Orders The Department has categorically instructed that adjudication orders must be speaking orders, clearly recording facts, submissions of the taxpayer, issues for determination, and the reasons for arriving at conclusions. Mechanical confirmation of demands without independent application of mind has been deprecated. The guidelines state that reliance on judicial precedents must be properly analysed and not selectively ignored. Proper Appreciation of Evidence and Records Adjudicating officers have been advised to carefully examine replies, documents, and evidence produced by taxpayers. The guidelines caution against brushing aside submissions without discussion and mandate that all relevant material on record must be duly considered before finalising orders. Any adverse finding must be supported by cogent reasoning and evidence. Timelines and Procedural Discipline To avoid undue delay and uncertainty, the Department has stressed adherence to statutory timelines for completion of adjudication proceedings. At the same time, it has clarified that haste should not compromise fairness or legal scrutiny. Authorities have also been reminded to ensure proper service of notices and orders in accordance with the provisions of the GST law. General Contents Expected in a GST Show Cause Notice The guidelines also lay down clear expectations regarding the minimum essential contents of a valid show cause notice (SCN) under the GST regime. The Department has underscored that a show cause notice is the very foundation of adjudication proceedings and must not be issued in a casual or mechanical manner. A proper show cause notice is expected to clearly narrate the factual background of the case, including the period involved, nature of transactions, and the specific acts or omissions alleged against the taxpayer. It must precisely indicate the statutory provisions invoked, along with the exact grounds on which tax, interest, or penalty is proposed to be demanded. The guidelines further require that the SCN should quantify the proposed demand separately under appropriate heads and clearly disclose the methodology adopted for computation. Any reliance placed on documents, statements, audit reports, or third-party information must be specifically mentioned, with copies made available to the taxpayer to enable an effective rebuttal. Importantly, the show cause notice must set out the specific contraventions alleged, avoiding vague or generic allegations. Where penalty is proposed, the notice should expressly state the mens rea or circumstances justifying invocation of penal provisions. The Department has cautioned that mere reproduction of statutory language without linking it to the facts of the case would render the notice legally vulnerable. The SCN should also provide a reasonable time for submission of a written reply and clearly inform the taxpayer of the right to personal hearing. The consequences of non-response, if any, must be explicitly stated, ensuring transparency and procedural fairness. By prescribing these essential contents, the Department seeks to ensure that show cause notices serve their true purpose—to inform the taxpayer of the exact case they have to meet, thereby upholding principles of natural justice and reducing avoidable disputes at later stages of adjudication. Points to Be Noted Before Issuance of Adjudication Orders The guidelines categorically state that before issuing any adjudication order under the GST laws, the Proper Officer must ensure complete and meaningful compliance with the principles of natural justice. This includes granting the taxpayer an effective opportunity to show cause, supplying copies of documents relied upon for assessment, permitting cross-examination of witnesses whose statements or documents are relied upon, affording a reasonable opportunity of personal hearing, granting adequate time to file replies, and judiciously considering requests for adjournment. The Department has reiterated that the detailed instructions contained in Circular No. 12/2022 dated 26.09.2022, issued by the Principal Secretary / Commissioner of Commercial Taxes on adherence to principles of natural justice, shall be followed in letter and spirit. The Proper Officer must also ensure that requests made by the taxpayer for appearance through an authorised representative under Section 116 of the CGST Act, 2017 are properly considered and facilitated during the adjudication process. Once objections are filed, the authority is required to carefully analyse the contentions raised by the taxpayer vis-à-vis the facts already on record. If any ambiguity or clarification is required, the same should be addressed during the personal hearing, enabling a better and more informed understanding of the issues involved. Further, oral submissions made during personal hearing must be reduced to writing in the form of a Record of Proceedings. Such a record should preferably be authenticated by the taxpayer or authorised representative as a token of proper hearing. A signed copy of the Record of Personal Hearing must be retained in the assessment file and a copy shared with the taxpayer to ensure transparency. The guidelines also clarify that if, during adjudication, evidence or records indicate an enhanced liability beyond what was originally proposed, a separate notice must be issued in accordance with the GSTN system or back-office provisions. In such cases, all procedural safeguards applicable to the original notice must again be strictly followed. Points to Be Noted While Drafting the Adjudication Orders While drafting adjudication orders, the guidelines emphasise that the Proper Officer must first verify the relevant financial year for which the notice has been issued and ensure that the documents and replies filed by the taxpayer pertain to the same period. All records relating to notices issued, acknowledgements, adjournments granted, replies received, documents submitted, and evidences relied upon must be properly marked, referenced, and cited chronologically. This includes proposal notices, revised notices (if any), replies, and supporting materials. The order should begin with a brief introduction of the taxable person, their nature of business, the period involved, and the statutory provisions under which action is initiated. Thereafter, the gist of the reasons for issuance of the notice and the main issues framed therein must be clearly narrated. The order must specifically record the date of filing of reply, objections raised, dates of personal hearing, details of oral submissions, and evidences or documents adduced by the taxpayer. The contentions raised by the taxpayer must then be logically listed and grouped issue-wise, ensuring that every contention raised is duly taken up for consideration. The adjudicating authority is required to segregate issues into two broad categories—(i) issues on which there is no dispute between the Department and the taxpayer, and(ii) issues where the dispute persists.Issues not in dispute may be briefly summarised, while disputed issues must be carefully sequenced and addressed one by one. Each disputed issue must be examined chronologically with reference to evidences, records, and applicable law, and clear findings must be explicitly recorded. Where proceedings are carried out pursuant to directions of appellate authorities or High Courts, such directions and their applicability must be clearly stated and complied with. The order must mention the value of supply, applicable tax, interest, and penalty, along with relevant HSN or SAC codes and applicable tax rates. Arithmetical calculations and estimations, if any, must be reasonable, fact-based, and supported by descriptive tabulations that clearly explain the rationale adopted. The guidelines further advise officers to review the draft order to ensure that no essential aspect has been omitted. The order should maintain a clear chronology and logical flow, avoiding excessive citation of judgments. Wherever case law is relied upon, preference should be given to the latest binding judgments, following judicial hierarchy—Supreme Court, followed by the Jurisdictional High Court. Finally, the order must specify that the final liability, along with applicable interest, shall be payable as per the Demand Notice attached electronically, and must clearly mention the appellate authority and the limitation period for filing appeal. General Contents of a Model Adjudication Order Arranged in Logical Sequence For uniformity and legal sustainability, the guidelines prescribe that a model adjudication order should contain the following components arranged in a logical sequence: The order should begin with the full address of the adjudicating authority, including email ID and contact number, followed by a reference to the statutory provisions conferring authority to pass the order. All references relied upon must be quoted in chronological order, including returns, statements of accounts, audit reports, reconciliation statements, notices for audit or account verification, adjournment requests and grants, external information such as e-way bill details, statements recorded, extracts from accounts, invoices, inspection reports, cross-examination requests, pre-assessment or penalty notices, and replies filed by the taxpayer. The order must clearly narrate the name, address, GSTIN, nature of business, the person to whom the order is addressed, and the assessment year involved. A bilingual preamble in Tamil and English must be included for better comprehension by taxpayers. Thereafter, the contents of the show cause notice, the taxpayer’s reply, details of personal hearing, and the Record of Personal Hearing must be narrated. Issues conceded by the taxpayer may be briefly decided, followed by framing of disputed issues and connected matters. Each issue must be discussed issue-wise with reference to facts, evidence, and law, including detailed discussion of judgments relied upon. The order must then furnish a clear computation of tax, interest, and penalty. Where interest is not quantified, it must be stated that interest under Section 50(1) or 50(3) of the CGST Act shall be payable till the date of payment. The order must conclude by specifying the appellate authority, the time limit for filing appeal, and consequential directions. Click Here To Read Instructions Read More: 3 Month Gap Between GST SCN and Final Order Is Mandatory: Bombay High Court

TN Commercial Taxes Dept. Issues Instructions On GST Adjudication Proceedings [READ INSTRUCTIONS]

Membership Required

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TN Commercial Taxes Dept. Issues Instructions On GST Adjudication Proceedings [READ INSTRUCTIONS]

Membership Required

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