The Madras High Court set aside an assessment order against Gayathri Builder, which failed to respond to a GST Show Cause Notice. The court quashed the order and remitted the case back for fresh adjudication, contingent on the builder depositing 25/% of the disputed tax and filing a complete reply within 30 days.
Madras High Court in R.R. Overseas vs. Commissioner of Customs affirmed that the mandatory 7.5% pre-deposit under Section 129E of the Customs Act cannot be waived solely because an appellant’s bank account has been frozen by the department. The court directed the appellant to make deposit to revive their customs appeal.
Madras High Court held that cancellation of GST registration cannot be absolute; revival is possible with conditions like freezing the Electronic Credit Ledger for six months.
The Madras High Court, in Gayatri Exim Vs Principal Commissioner of Customs, permitted the importer to re-export detained textile fabric to China, which was seized for alleged misclassification and undervaluation.
The Court ruled the order violated principles of natural justice, remanding the matter for fresh adjudication with a direction to grant the petitioner a hearing.
Madras HC sets aside an assessment order, ruling that uploading an SCN only on the GST portal is insufficient when the taxpayer’s registration is already cancelled.
Madras HC allows Aashi Creations to re-export seized consignment pending adjudication, subject to a bond covering differential duty and a 20% bank guarantee on redetermined value.
The Madras High Court ruled that a GST summary demand order in Form DRC-07 is invalid if the mandatory show-cause notice in Form DRC-01 was not issued first, even if a preliminary notice (DRC-01A) was sent.
Madras High Court compels Assistant Commissioner (CT) to refund ₹1.14 Cr in excess VAT paid by Madhucon Projects for AY 2008-09, upholding the Single Judge’s order.
The Madras High Court directed GST authorities to lift the bank attachment on former Director Subir Ghosh and treat the recovery notice as a show cause, company’s tax arrears under Section 89 of the GST Act.
