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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST update No 275 on quashing of assessment order since no hearing was granted

GST update No 275 on quashing of assessment order since no hearing was granted
The revenue authorities often fail to provide sufficient opportunity to the assessee thereby violating the principles of natural justice resulting into quashing of proceedings. The Court is flooded with number of cases wherein the importance of providing opportunity of hearing is explained. Once again, one more case on the same issue was reported before Madras High Court in the case of M/S ANANTHAM SILKS. The decision delivered in this case is the subject matter of discussion of our present update.The petitioner is engaged in trading of textiles and garments and having showrooms in other places as well. The partnership firm of the assessee was dissolved and a private limited company was formed which continued with the same trading activities. An inspection under Section 67 of CGST Act, 2017 was conducted in the three showrooms wherein the team pointed out at theirregularities in the transactions undertaken and revision of assessment was made based on the inspection report. Based on this, show cause notice was issued demanding explanation of the issue along with documentary evidence. It was submitted that communication was issued by the departmental officers in DRC-01A for the FY from 2017-18 to 2020-21 alleging the defects in tax liabilities and nonmaintenance of accounts. The petitioner requested time period of 30 days to submit the response vide letter dated 22.12.2021. The respondent directed the petitioner to appear for personal hearing vide letter dated 28.12.2021. The petitioner vide letter dated 03.1.2022 replied in Part-B of DRC-01A stating that the tax demanded is not correct on facts and law. Further, it was submitted tFurther, it was submitted that inspection and investigation was conducted by different officers in wrong manner which resulted into misunderstanding of facts and misinterpretation of provisions and notifications. It was argued that proceedings were carried out in completely perverse manner in complete violation of principles of natural justice. Therefore, DRC-01A should be rejected. The respondent without taking into consideration the seriousness of the objections of the petitioner intimated vide letter dated 11.01.2022 that final opportunity of hearing is to be provided and directed the assessee to appear for the same as on 24.01.2022. The authorised representative appeared and explained that personal hearing cannot be initiated at the stage of adjudicating proceedings and reiterated the submissions of the petitioner. It was contended that the order passed is in violation of principles of natural justice. It was submitted that no show cause notice was served before passing the order. It was further submitted that filing of appeal against the order would tantamount to acceptance of legality of the order. The appeal is preferred within the time limit as prescribed by the Law and the Suo moto extension of limitation by the Apex Court.142(1A) of CGST Rules, 2017. It was contended that the respondent vide DRC-09 directed the Branch Manager to recover the amount due from the petitioner consequent to the impugned order. The order passed is in gross violation of principles of natural justice and not following the procedures as prescribed under the Law. In this regard, reference was drawn to following circulars and rulings:• CIRCULAR NO. 10/2019 DATED 31.05.2019 • CIRCULAR NO. 72/2019 DATED 31.05.2019 • MAHINDRA AND MAHINDRA LTD. V/S JOINT COMMISSIONER (CT) APPEALS • MAHINDRA AND MAHINDRA LTD. V/S THE DEPUTY COMMISSIONER (CT)-II • M/S NKAS SERVICES PRIVATE LIMITED, KOLKATA V/S THE STATE OF JHARKHAND AND OTHERS • M/S V.R.S. TRADERS V/S ASSISTANT COMMISSIONER (STATE TAXES) • AGROMETAL VENDIBLES PVT. LTD. V/S STATE OF GUJARATThe respondent submitted that petitioner did not raise any objection to the inspection carried out and also agreed to the defects pointed out during the investigation and paid Rs. 89,52,450/-. Hence, the objections are not acceptable. Further it was argued that the burden of proof lies on the dealer wherein the adjudicating authority is to be satisfied that there is no evasion of tax on his end. Therefore it was argued that notice is issued and properly served in accordance with the provisions of the Act. It was further argued that the objections made by the appellant were not convincing and acceptable.The Court observed that the authorised representative of the assessee failed to provide proper explanation along with supporting documents. It was further observed that after issuance of notice in DRC-01A dated 06.12.2021, respondent issued DRC-01A. Thereafter, a show cause notice under Section 74 of CGST Act 2017 and then assessment order is to be issued. However, the said procedure was not followed and respondent issued a communication in DRC-09 directing the branch manager to recover the amount due from the petitioner under Section 79 of the CGST Act, 2017. Therefore, assessment orderswere quashed and recovery notice issued to the bank was also quashed. The respondent directed to issue notice after following procedures prescribed in accordance with law. The above decision is yet another epitome supporting the fact that proper adjudication process which is duly prescribed under law should be followed. There had been plethora of cases wherein Court delivered the decisions in favour of the assessees when there has been violation of the principles of natural justice. To illustrate, Andhra Pradesh High Court in the case of SREE CONSTRUCTIONS V/S THE ASSISTANT COMMISSIONER (ST) held that opportunity of hearing must be provided before imposing any tax/penalty of taking adverse decision. Judicial Pronouncements like these should be followed unconditionally by the lower authorities before initiating any action for recovery of demand against the taxpayers.
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