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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 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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