Held that, assessment proceedings suffer from serious procedural errors in absence of a proper SCN, where there were serious discrepancies in the proceedings. Thus, entire proceedings are vitiated.
HC quashed and set aside SCN and consequential GST registration cancellation order on ground of violation of principles of natural justice as no reasonable opportunity of hearing was given to assessee.
Held that, an unsigned notice/order cannot be considered as an order and hence cannot be sustained. Further, directed the assessee to submit the reply within 2 weeks and directed the Revenue Department to pass the fresh orders after the assessee has been heard.
Amounts received by assessee due to consideration, advance received on sale of small plots which have development work are not taxable under GST.
HC held that taxing authorities cannot stop any assessee from claiming its statutory right of appeal, in the garb of technicality and cannot deny to entertain the appeal filed offline on technical grounds, due to mistake of department or technical glitch in software when an appeal of assessee is not reflected on the portal.
Assessee is legally entitled for cash refund of accumulated & unutilized Cenvat credit of Education & Secondary and Higher Education Cess as per Rule 3 of Cenvat Credit Rules, 2004
HC held that, State Tax Authority cannot prosecute assessee, when Central Tax Authority already initiated action in respect of same matter
HC held that assessee cannot be penalised for an inadvertent error in submitting an erroneous information, which had already been rectified. Revenue Department should examine information as submitted by assessee and process its claim for refund of unutilized ITC
ITAT held that no tax is required to be deducted at source on amount reimbursed to the director of the company. Further, when tax has been deducted at source by the assessee while receiving software consultancy services, disallowance cannot be done by the Revenue Department.
HC set aside order cancelling GST Registration of assessee, passed on the ground that assessee had failed to reply to Show Cause Notice
