The High Court set aside the rejection of a GST refund claim after noting that the Joint Procedure Order required reassessment of tax liability under pre-GST and post-GST regimes.
The court stayed a tax demand order where the confirmed demand exceeded the originally proposed amount, and allegations of violation of natural justice were raised.
The Court observed that the Tribunal granted partial relief without analysing whether the assessee had a strong prima facie case. The order was therefore remitted back for reconsideration of the interim application.
The Allahabad High Court held that interest cannot be imposed in an adjudication order if it was not specified in the show cause notice. Such action violates Section 75(7) of the GST Act.
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 Allahabad High Court held that tax determination under GST cannot be made against a deceased person. The demand order was quashed as no notice was issued to the legal representative.
SA Aromatics Pvt Ltd and another Vs Union of India and 5 others (Allahabad High Court) The Allahabad High Court decided a batch of writ petitions challenging proceedings initiated under Sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and the U.P. Goods and Services Tax Act, 2017. The petitions raised […]
The Allahabad High Court observed that requiring taxpayers to obtain temporary IDs from the same officer who passed the order may create delays and scope for malpractice. The Court suggested exploring auto-generation of IDs to ensure easier access to GST appeals.
The High Court set aside a GST demand after finding that the show cause notice and tax determination were issued in the name of a deceased proprietor without notifying the legal representative.
The Court held that the Appellate Authority has no power to remand matters to the adjudicating authority under Section 107(11) of the CGST Act. Remand portions of the appellate orders were set aside and the authority was directed to decide the appeals on merits.
