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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
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GST update 345 on addition done based on Facebook posts

GST update 345 on addition done based on Facebook posts
It is well noticed that the revenue authorities proceed towards invoking of adjudication proceedings on the basis of arbitrary and frivolous grounds without having any concrete evidence in possession. However, this increases the miseries of taxpayers to manifolds. Time and again the revenue authorities are directed by the Court to act judiciously yet they are not wiling to follow those directions. Recently, on similar parameters one case was reported before Kerala High Court in the case of Syamaladasan Kumaran V/s State tax officer. The decision imparted in this case is subject matter of our present update.

The petitioner knocked the doors of Court against the impugned order completing the assessment of Assessment Year 2017-18 wherein it was alleged that the product of the petitioner as a branded item is liable to tax. The counsel of petitioner submitted that the petitioner had not commenced the business of branded rice pertaining to the Financial Year 2017-18. Further, the machinery for dealing in the branded rice was purchased on in 2019. Therefore, the proceedings initiated were on the basis of Facebook post by the son of petitioner in the year 2019 regarding starting of new venture in branded rice. The submissions of the petitioner were not taken into account by the revenue department. Further, even if contentions of revenue department are considered, the same cannot be considered as a reliable material since the adjudication proceedings pertain to Financial Year 2017-18 while the Facebook post was published in the year 2019. Reliance was placed on decision of this court in the case of M/s Ozone Granites (P) Ltd V/s The Intelligence Officer, Commercial Taxes and Others wherein it was delivered that website information cannot be taken into account for initiating adjudication proceedings.

The Counsel of revenue objects the grant stating that alternate remedy was available with the petitioner under Section 107 of the CGST Act, 2017. The order is issued in July and the Writ Petition is highly belated. Further the recovery proceedings have been initiated following the demand raised in account of Ex6 order.

The Court after observing the facts the appeal of the petition stands allowed. It seems that the revenue authorities-initiated adjudication proceedings on the basis of certain Facebook posts which demonstrated that the petitioner was dealing with branded rice. The posts related to same were of Year 2019 and the assessment proceedings were of year prior to that which is not considered by the authorities. Further, the submissions of the petitioner were also not paid attention to. Therefore, the impugned order is quashed and the matter is remanded back to the authorities concerned wherein it was directed to pass an order only after providing an opportunity of being heard to the taxpayers. The fresh order is to be passed within a period of 2 months from date of receipt of certified copy of the Judgement.

The above decision is yet another example of the fact that corrobative and congent evidence should be available with the revenue department to invoke adjudication proceedings against the assessee. Even the authors of this update have also faced the same issue in the era of erstwhile regime of Excise and service tax. It is often discovered that the departmental authorities unnecessary pass adverse orders which is not less than a nightmare for the aggrieved taxpayers. However, a proper practice should be adopted by these authorities regarding searching for proper documents before hand or else there would be never ending litigations on the subject matter like these.
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