The Allahabad High Court while dismissing the petition observed that once allegations of infraction of law arise, adjudication proceedings may not be interjected in exercise of extraordinary jurisdiction of the writ court.
The Division Bench of Justice Saumitra Dayal Singh and Justice Surendra Singh-I passed this order while hearing a petition filed by M/S Bajrang Trading Company.
Challenge has been raised to the adjudication notice issued by the Proper Officer/respondent no 2, dated 01.04.2023 for the tax period August, 2018 to March, 2019.
The Court noted that the allegation is with respect to misuse of E-way Bills by the consignor i.e M/s Kay Pan Fragrances Pvt Ltd and M/s Mahaveer Trading Co Prima-facie allegation of participation by the petitioner in such misuse exists.
While we do not intend to go into the correctness or otherwise of the allegation or involvement of the petitioner in the alleged misuse of E-way Bills as that would involve fact appreciation and with respect to that the petitioner has adequate statutory remedies available by filing appropriate objections to the show cause notice and lead defence evidence, etc, suffice to note that there is no inherent lack of jurisdiction being set up in the petition, the Court said.
Submission advanced by the counsel for the petitioner that the entire proceedings have originated on the strength of certain survey conducted at the premises of M/s Kay Pan Fragrances Pvt Ltd and M/s Mahaveer Trading Co in the month of July, 2019 whereas, the petitioner had surrendered its business registration prior to that survey in the month of May, 2019, is of no avail, inasmuch as, the tax period, for which the adjudication notice has arisen, is August, 2018 to March, 2019.
On the own admission of the petitioner, it was a registered person at the relevant time. Even otherwise, in the context of the fact allegation of misuse of E-way Bills involving the petitioner, the objections being raised by the counsel for the petitioner do not find merit acceptance, at this stage.
“Once allegations of infraction of law arise, adjudication proceedings may not be interjected in exercise of extraordinary jurisdiction of the writ court. Limited scope of challenge may be preserved for cases involving inherent lack of jurisdiction or grounds of like nature”, the Court observed while dismissing the petition.
“Reference made to certain other facts narrated in the show cause notice would also remain to be examined in the adjudication proceedings.
Accordingly, inference claimed is declined, in face of alternative statutory remedy available to the petitioner”, the order reads.
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