Once the earlier Order-in-Appeal determining assessee s entitlement to drawback had attained finality and was accepted by the Department, the Commissioner (Appeals) in a subsequent proceeding could not reopen or revisit the issue of eligibility for drawback while examining the consequential order.
The High Court held that effective service requires authorities to consider alternative modes when there is no response to portal notices. The impugned order was therefore set aside.
The court quashed orders reversing ITC that were based solely on limitation under Section 16(4). It held that the amendment inserting Section 16(5) allowed ITC claims for FY 2017-18 to 2020-21 up to 30.11.2021.
The Court held that rejection of condonation for a 50-day delay in filing Form 10B was improper when genuine hardship was demonstrated. It directed authorities to treat the audit report as filed within time and process the return accordingly.
The Madras High Court quashed a GST assessment order after finding that it was passed without granting the taxpayer an opportunity of personal hearing. The case was remanded for fresh adjudication with proper notice and hearing.
The High Court dismissed the writ petition noting that the assessment order remained unchallenged for nearly eleven months, but allowed the taxpayer to file an appeal with additional deposit.
The court found that the statutory requirement for service of notice was not met when the department relied only on portal-based communication after cancellation of registration.
The High Court ruled that the recovery notice could not be challenged as the assessment order determining interest and penalty was not appealed and had attained finality.
The High Court set aside a GST demand order after observing that the adjudicating authority did not examine the taxpayer’s detailed reply and issued only generic conclusions. The ruling emphasized that adjudicating authorities must discuss submissions and provide clear reasons before confirming tax and penalty demands.
The Court revoked cancellation of GST registration after accepting that the taxpayer’s failure to file returns for six months was due to mental stress and physical illness.
