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Ex-parte assessment order passed in violation of principles of natural justice entails civil consequences

January 30, 2023 1929 Views 0 comment Print

HC quashed ex-parte assessment order rejecting ITC claim & imposing tax as it was passed in violation of principles of natural justice

Fees received by cricket players from IPL team owners is not ‘Business Support Service’

January 30, 2023 3483 Views 0 comment Print

Playing cricket is the primary reason for which IPL was formed and promotional activities are ancillary to the main purpose that of playing cricket.

Detention of goods & vehicle: HC quashes penalty order passed after 7 days from service of notice

January 28, 2023 3048 Views 0 comment Print

HC held that Demand order passed beyond the period of 7 days from the date of service of notice is contrary to the provisions of the CGST Act

Lack of clarity w.r.t. reasons/ contraventions in SCN violates principles of natural justice

January 28, 2023 2559 Views 0 comment Print

HC held that DRC-07 has been issued within five days of issuance of DRC-01 is a clear picture of violation of principles of natural justice.

ITC cannot be denied without granting opportunity to show genuineness of transactions

January 28, 2023 4560 Views 0 comment Print

HC held that Opportunity of hearing to be granted before denying ITC if sufficient documents available to show genuineness of transactions

GST registration cannot be cancelled without Application of mind by department

January 28, 2023 2055 Views 0 comment Print

There should be application of mind by Revenue Department while passing orders, cancelling GST Registration be it physical or auto-generated.

Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable

January 28, 2023 2913 Views 0 comment Print

SC set aside the condition imposed by Chhattisgarh HC, of depositing INR 70 Lakh for grant of bail in a matter of wrongful availment of ITC

Time limit for issuance of SCN for F.Y. 2017-18 is extended

January 27, 2023 43236 Views 1 comment Print

HC held that, when time limit for issuance of order under Section 73(10) of CGST Act for the Financial Year 2017-18 is extended upto September 30, 2023, the only interpretation that can be placed on provisions of Section 73(2) of the CGST Act is that, the SCN can also be issued till September 30, 2023.

GST: Natural justice violation in trial administrative body cannot be cured by observing natural justice at appellate stage

January 27, 2023 2121 Views 0 comment Print

It is well settled that a failure of natural justice in the authority of first instance cannot be cured by sufficiency of natural justice in the appellate body, else the same would encourage the tendency of the authorities to give a short shrift to the proceedings before them.

Seizure of goods in transit allegedly for carrying fake invoice – HC directs owner of goods to approach competent authority

January 26, 2023 2115 Views 0 comment Print

It is sought to be submitted that no reason has been assigned for seizure of the goods and the reason assigned in the Form GST MOV-06 for seizure of the goods that the purchaser firm was not in existence and it was a fake sale and invoice, is absolutely false.

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