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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 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update No 266 on issuance of SCN without striking off irrelevant particulars

GST Update No 266 on issuance of SCN without striking off irrelevant particulars
It is trite principle of law that the show cause notice serves as an essential element to commence the adjudication proceedings. Consequently, if the allegations raised in show cause notice are not specific and vaguely drafted, it is sufficient to hold that proper opportunity of hearing was not offered to the aggrieved thereby resulting into violation of principles of and further increases the trouble of the tax officers. Recently, one case was reported before Jharkhand High Court in the case of M/s Bla Project Pvt. Ltd. V/s State of Jharkhand. The decision imparted in this case is subject matter of our today’s update.
 
The petitioner is registered under GST and is involved in the business of Works Contract and mining related activities. The input tax credit is utilised against output tax liability as per GSTR-3B. However, upon scrutiny of return, for the Financial Year 2018-19, discrepancy of Rs. 6.17 Lakhs was discovered on account of mismatch between GSTR-2A and GSTR-3B for which GST ASMT-10 was issued. The petitioner for the same and enclosed a summary of difference between GSTR-3B and GSTR-2A and contended that the difference is of Rs. 44,303/- and not of Rs. 6.17 Lakhs. However, no further response was received from the department for more than one year. Subsequently, to the surprise of petitioner, summary show cause notice in DRC-01 was issued alleging that excess input tax credit for the period April 2018 to March 2019 was issued. Further, a show cause notice under section 73 of the CGST Act, 2017 was also served on the same day directing the assessee to furnish the reply along with the supporting documents. The petitioner requested the respondent to re-calculate the difference in GSTR-2A and GSTR-3B. It was submitted that the discrepancy as notices in ASMT-10 differs from details as mentioned in summary show cause notice and show cause notice u/s 73 of the Act. However, no attention was paid to the explanations furnished by the petitioner and summary order in DRC-07 was issued on account of excess availment of input tax credit. It was further argued that the electronic credit ledger of the assessee was blocked for more than 1 year in violation of provisions of Rule 86A of CGST Act, 2017.
 
The counsel of petitioner submitted that proceedings are not undertaken in line with the provisions of Section 73 of CGST Act, 2017 since show cause notice does not indicate any contravention committed by the petitioner. It was argued that none of the irrelevant grounds were struck off. It was further submitted that summary show cause notice in DRC-01 cannot substitute show cause notice statutorily. Reliance was placed on decision of Apex Court in the case of M/s NKAS Services Private Limited V/s The State of Jharkhand and others. It was further submitted that the writ petition is maintainable despite of the statutory remedy available under Section 107 of CGST Act, 2017 since there is violation of principles of natural justice. Further, reliance was placed on decision of Hon’ble Supreme Court in the case of Assistant Commissioner of State Tax and Others V/s Commercial Steel Limited, Gujarat High Court in the case of M/s Alfa Enterprises V/s State of Gujarat. Further reference was made to the decision of Uttarakhand High Court in the case of Vimal Petrothin Pvt. Ltd. V/s Commissioner, CGST wherein it was held that input tax credit cannot be blocked for a period exceeding one year as per Rule 86A of CGST Rules, 2017. It was further stated that an appeal can be preferred under Section 73 of the CGST Act, 2017 only in case proper order instead of summary order is passed.
 
The Counsel of respondent referred to provisions of Rule 86A of CGST Rules, 2017 and the Gazette Notification dated 10.02.2020. It was further argued that mismatch of the above said amount is because of difference in GSTR-2A and GSTR-3B.
 
The Court held that the impugned notice does not fulfils the ingredients of proper show cause notice issued under Section 73 of the Act. Further, the summary show cause notice cannot substitute the proper show cause notice. It was therefore decided to remand the case back to the State Tax Officer and initiate fresh proceedings. It was held that the present writ petition is maintainable since there was violation of principle of natural justice. Reference in this respect was drawn to the recent decision of Apex Court in the case of Magadh Sugar & Energy Ltd. V/s State of Bihar & Others.
 
The above decision is one more addition on the subject matter upholding the view that the show cause notice is the fundamental leg of adjudication proceedings and hence, should be properly drafted. There had been catena of cases wherein the Judicial members decided on the similar issue. It is high time that these revenue authorities understand and inculcate the practice of issuing prompt show cause notices failing which will lead to pendency of cases in the Court of law and ultimately wasting the time of Court and the taxpayers.
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