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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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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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