ITAT held that husband and wife will have equal shares in house property purchased by them as joint owners, wherein, sale deed had been executed and shares of co-owners is not specified.
HC allow assessee to file appeal where there is delay of a negligible period by extending stipulated time under Section 107 of CGST Act 2017
HC set aside Section 148 notice, order of assessment and consequential demand and penalty notice, as same was issued in the name of a non-existent company, on account of its amalgamation.
HC held that writ petition challenging SCN for reversal of ITC even before passing of final order is premature & cannot be entertained.
Assessee allowed by HC to submit an additional reply to a SCN against non-payment of tax within prescribed period under SVLDRS
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.
