Madras High Court held that petitioner failed to reply since GST show cause notice was only uploaded on the GST portal and petitioner was unaware about the same. Accordingly, impugned order is quashed and the matter is remanded to respondent for fresh consideration.
The Madras High Court ruled that the limitation period for a GST appeal begins only when an order is effectively communicated, not from a simple portal upload.
Madras High Court held that it is not permissible for Central Tax Authorities to initiate proceedings on same subject matter on which audit already conducted by State Tax Authorities. Accordingly, notice quashed as violative of section 6(2)(b) of the CGST Act, 2017.
Madras High Court held that any order travelled beyond the scope of show cause notice is not maintainable. Thus, impugned assessment order under GST was passed beyond the scope of show cause notice is liable to be quashed.
Madras High Court held that completion of assessment on best judgement as the petitioner had not shown cause in response to the notice vis-à-vis assessment made after several years of return filing. Hence, matter restored back for providing opportunity of being heard to petitioner.
Madras High Court held that a cooperative society could file a statutory GST appeal without further pre-deposit as the disputed tax of Rs.1.86 crore was already paid. The Court confirmed proper natural justice was observed during proceedings.
Madras High Court held that retrospective withdrawal of purchase tax subsidy granted to sugar mill has no sanction of law. Accordingly, the assessee is entitled to the full benefit of subsidy as set out in the Government Orders issued in 1984.
Madras High Court held that delay of 150 days in filing of GST appeal due to medical issues is genuine and hence liable to be condoned. Accordingly, condones the delay and directs the petitioner to pay additional 5% of the disputed tax amount.
Madras High Court held that levy of late fee under section 47(2) of the Tamil Nadu Goods and Services Tax Act, 2017 is upheld for non-filing of annual return in Form GSTR-9 for F.Y. 2021-2022 after expiry of period of three years from due date of furnishing of said return.
The Madras High Court ruled that a taxpayer’s timely manual appeal is valid, directing an appellate authority to decide on a case related to an e-invoice issue.
