Facts of the Case
The petitioner, Tvl. V.N.S. Construction,
challenged the assessment order dated 29.01.2026 passed under Section
74A of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act). The
assessing authority alleged suppression of turnover based on differences
between Form GSTR-7 (TDS deductions) and Form GSTR-3B for the
Assessment Year 2024-25, treating the amounts reflected in GSTR-7 as
additional taxable turnover and raising a tax demand of ₹31,39,032/-
along with applicable interest and penalty.
The petitioner contended that the services were
rendered to the TWAD Board under operation and maintenance contracts
relating to public water supply schemes. According to the petitioner, such
services were exempt from GST under Entry No. 3 of Notification No.
12/2017-Central Tax (Rate) as pure services provided to a Government
Authority in relation to functions entrusted under Articles 243G and 243W of
the Constitution of India. The petitioner further submitted that the
contract itself specifically mentioned that GST was not applicable.
The petitioner also explained that all notices and
hearing intimations were uploaded only on the GST portal. Being a small
contractor, GST compliance had been entrusted to a part-time accountant, who
failed to inform the petitioner about the proceedings. Additionally, the
proprietor was undergoing treatment for cervical health complications and could
not personally monitor the GST portal, resulting in an ex-parte assessment.
Issues Involved
- Whether differences between Form GSTR-7 and Form GSTR-3B
alone can justify an allegation of suppression of turnover under Section
74A of the TNGST Act.
- Whether services rendered to the TWAD Board under operation
and maintenance contracts for public water supply schemes qualify for
exemption under Notification No. 12/2017-Central Tax (Rate).
- Whether an ex-parte assessment order can be sustained when the
assessee could not participate in the proceedings due to genuine reasons.
- Whether the assessee should be granted an opportunity of personal
hearing before finalizing the assessment.
Petitioner's Arguments
The petitioner submitted that:
- The services were provided to the TWAD Board under operation
and maintenance contracts for public water supply schemes.
- Such services constituted pure services provided to a
Government Authority and were exempt under Entry No. 3 of Notification
No. 12/2017-Central Tax (Rate).
- The work order and bid documents clearly stated that GST was not
applicable to the contract.
- Form GSTR-7 is only a TDS reporting
statement and cannot independently determine taxability or establish
suppression of turnover.
- The assessing authority failed to examine the exemption
notification, contractual documents and the actual nature of services
before raising the tax demand.
- The petitioner missed the proceedings because GST compliance had
been entrusted to a part-time accountant who failed to communicate the
notices uploaded on the GST portal, and the proprietor was also undergoing
medical treatment during the relevant period.
Respondent's Arguments
The Revenue contended that:
- There was a mismatch between Form GSTR-7 and Form GSTR-3B.
- The differential amount reflected in GSTR-7 represented suppressed
taxable turnover.
- Since the petitioner failed to respond to the notices or
participate in the assessment proceedings, the assessment was rightly
completed ex-parte under Section 74A of the TNGST Act.
Court Order / Findings
The Madras High Court observed that:
- Considering the nature of the discrepancies, the explanation
offered by the assessee and the reasons for non-participation, the
petitioner deserved one more opportunity to present its case.
- The Court specifically noted that the petitioner claimed the
services rendered were exempt from GST, making it appropriate to
grant an opportunity without imposing any pre-condition.
- The impugned assessment order dated 29.01.2026 was set
aside.
- The matter was remanded to the assessing authority for fresh
adjudication.
- The petitioner was directed to appear before the assessing
authority and file detailed objections along with supporting documents.
- The respondent was directed to pass a fresh order in accordance
with law after considering all materials.
- Since the assessment order was set aside, any attachment of the
petitioner's bank account pursuant to the assessment was also directed to
be lifted.
Important Clarification
The judgment reiterates the following important
legal principles:
- A GSTR-7 and GSTR-3B mismatch alone cannot automatically
establish suppression of turnover without examining the actual nature of
the transaction.
- Authorities must verify whether the supplies are covered by any
statutory exemption before confirming tax liability.
- Ex-parte assessments should not be sustained where genuine reasons
prevented participation and substantial justice requires another
opportunity.
- Courts may grant unconditional remand where the dispute involves a
prima facie claim of statutory GST exemption.
- Consequential recovery proceedings, including bank attachment,
cannot survive once the assessment order is set aside.
Sections Involved
- Section 74A, Tamil Nadu Goods and
Services Tax Act, 2017
- Article 226, Constitution of India
- Entry No. 3, Notification No.
12/2017-Central Tax (Rate)
- Articles 243G & 243W,
Constitution of India
- Forms GSTR-7 and GSTR-3B
Link to download the Order-https://www.mytaxexpert.co.in/uploads/1783928105_406compressed.pdf
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