Madras High Court rules on Seoyon E-Hwa Summit Automotive India’s case, justifying rejection of rectification application under CGST Act due to assessee’s lack of cooperation during assessment process.
Allahabad High Court in Mohini Traders v. State of U.P., held that assessing authority must provide an opportunity for a personal hearing before passing an adverse order, regardless of whether assessee explicitly requested it
Judgment by Bombay High Court in C.P. Rabindranath Menon v. Deputy Commissioner of State Tax, which allows unregistered persons to claim GST refunds for the period before issuance of a refund policy.
HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.
HC directed Revenue Authority to release goods on conditions that assessee deposits a certain amount of penalty towards tax in lieu of confiscation of conveyance and furnish bank guarantee in lieu of confiscation of goods.
CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.
HC ordered the Revenue department to release assessee’s refund claim with interest. The court held that Revenue cannot withhold refund solely because it plans to appeal to GST tribunal, especially when tribunal is not yet constituted.
CESTAT held that where the differential duty paid by the assessee is available as CENVAT credit to the Assessee’s sister concern then it is a revenue-neutral situation. Thus, as duty was not actually payable, the payment of interest does not arise in the case of revenue neutral situation.
Karnataka High Court in Sri Chandrashekaraiah v. State of Karnataka issued guidelines for determining discrepancies arising on tax calculation for Pre-GST works Contracts.
HC held that Additional Commissioner is right in rejecting time-barred appeal as section 107 of CGST Act has an inbuilt mechanism and has impliedly excluded application of Limitation Act, 1963.
