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Civil · Reportable judgment

The State of Gujarat & Anr. vs Paresh Nathalal Chauhan

Court
Supreme Court of India
Date
12 March 2024
Case No.
Civil Appeal No 4618 of 2024
Result
Disposed
Bench
Pamidighantam Sri Narasimha, Aravind Kumar
Citation
[2024] 3 S.C.R. 1141 : 2024 INSC 277
Acts & Sections
Central Goods and Services Tax Act, 2017 General Clauses Act, 1897
Supreme Court Reports [2024] 3 S.C.R. 1141 : 2024 INSC 277
Issue for consideration
Matter pertains to expunction of the observation by the High Court in an interim order that statutory protection contemplated u/s. 157 of the GST Act, in the nature of a good faith clause, not available to the officers of the State conducting search as their conduct, “may not” justify protection.
Headnote

Central Goods and Services Tax Act, 2017 – s. 157 – Protection of action taken under this Act – Interim order by the High Court, criticising the prolonged stay of the search party at the residence of the respondents as unauthorized and illegal – Observation by the High Court that statutory protection contemplated u/s. 157, in the nature of a good faith clause, may not be available to the officers of the State conducting search as their conduct, “may not” justify protection – Challenged to: Held: Statutory functionary is equally entitled to take a defense of good faith – It is for the court to adjudicate and decide – High Court was not conducting a suit, prosecution, or other legal proceeding against a statutory functionary – High Court was conscious of the principles governing good faith clauses and thus, couched its displeasure and distress by stating that such officials “may not” be protected or that it “may be difficult” to accept the contention of good faith – Observations were in the nature of advance rulings, because even before the initiation of a suit, prosecution or legal proceeding, the High Court expressed a tentative opinion – If such observations remain, they would affect the integrity and independence of that adjudication, compromising the prosecution and the defence equally – Observation of the High Court is expunged since the context as well as the conclusions of the High Court were wrong. [Paras 9-12]

Read the full headnote (1 more paragraph)

Words and phrases – Good faith – Scope and ambit of: Held: Good faith clauses in statutes, explained in the vocabulary of the rights and duties regime, can be said to be a provision of immunity to a statutory functionary – Such provisions are in recognition of public interest in protecting a statutory functionary against suits, prosecution or legal proceedings against officials exercising statutory power– This immunity is limited – It is confined to acts done honestly and in furtherance of achieving the statutory purpose and objective – s. 3(22) explains ‘good faith’ as an act done honestly, whether it is done negligently or not – Good faith clause in a statute will be a defense – If successfully pleaded, it not only legitimises the action but also protects the statutory functionary from any legal action – If statutory functionary invokes the defence of good faith, it is for the court or a judicial body to adjudicate and determine whether the action was done in good faith or not – Such scrutiny or examination is done only in a proceeding against the statutory functionary, which would depend upon the facts and circumstances of each case – General Clauses Act,1897 – s. 3(22) – Central Goods and Services Tax Act, 2017 – s. 157. [Paras 8, 9]

Keywords: Expunction · Expunction of the observation by the High Court · Interim order · Statutory protection · Good faith clause · Statutory functionary · Tentative opinion · Rights and duties regime · Immunity to a statutory functionary · Defence of good faith

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Pamidighantam Sri Narasimha, J. 1. Leave granted. 2. We are called upon to expunge a portion from the interim order of the High Court and dispose of the appeal as it is represented to us that the respondent is not interested in initiating proceedings against the officers in the present matter. We have accepted the request and hereby dispose of the appeal. 3. The portion sought to be expunged is the observation of the High Court that the good faith clause in Section 157 of the GST Act1, may not be available to the officers of the State as their conduct, according to the High Court,
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