SC refused to interfere with order passed by Chhattisgarh High Court, wherein bail was denied to accused in alleged matter for availment of wrong ITC, on the ground that investigations were still going on for detecting more fake suppliers and investigations might be hampered if bail was granted.
HC quashed the Order passed by the Revenue Department rejecting the refund application of the assessee, on the grounds that, no opportunity of personal hearing was provided, which is against the principles of natural justice. Further, directed the Revenue Department to pass an order after adhering to the principles of natural justice, considering on merits and in accordance with law within a period of 12 weeks.
If the defects are similar in SCNs than Parallel proceedings cannot be initiated by Central/State GST Authorities on same subject matter
HC held that, procedural lapses cannot be a ground for denying substantive benefits to assessee. Further held that, Show Cause Notice issued before the passing of such order was barred by limitation.
HC held that, there is no malice or lack of jurisdiction of Revenue Department to initiate proceedings and passing the order for confiscation of gold and levy of penalty, as discrepancy in quantity mentioned in documents and quantity recovered was sufficient reason for Revenue Department to suspect GST evasion.
HC Held that assessee is entitled for migration of TDS amount in terms of Section 140(1) of CGST Act. Further held that, restriction on ITC only applies if there is an express prohibition under CGST Act.
HC set aside reassessment order against assessee, for non-supply of information/ material by Revenue Department for reopening of assessment.
Held that, stating specific charges in the SCN is part of due procedure and fair play in action which are essential requirements of rule of law and has its genesis in Article 14 of the Constitution of India and since the principles of natural justice is not complied with, the ground of alternative remedy is not acceptable. Remanded back the matter to pass a fresh order after following the due procedure of law from the stage of issuing fresh SCN.
CESTAT held that, once assessee had reversed proportionate credit attributed to exempted goods, no demand of 10% of value of goods can be raised by Revenue Department.
When the test reports were available on record, there was no need to go to the website and Wikipedia for the meaning of the product.
