Karnataka High Court addresses ITC blocking under Rule 86A of CGST Rules, directing authorities to provide post-decisional hearing and follow due process.
Respondent was appointed in the kitchen of the petitioner, on acts of theft, misappropriation and fraud, articles of charges were issued. Notably, it is alleged that a Safal brand one litre oil sachet was found hidden on the tank bag of his two wheeler.
It is submitted that the specific request of the petitioner for furnishing the entirety of the statements made as also the seized material, has not been accepted in its entirety and only the portions of statements were made available which has prejudiced the petitioner.
Karnataka High Court remanded the matter back to the Assessing Officer since non-response to notice issued under section 148A(d) of the Income Tax Act by the petitioner was due to bonafide reasons, unavoidable circumstances and sufficient cause.
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The petitioner – Harman Connected Services Corporation India Pvt. Ltd., has called in question the correctness of the order u/s. 148A(d) of the Income Tax Act, 1961 as well as the notice u/s. 148 of the Act and the notice u/s. 148A(b) of the Act.