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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 309 on physical reply of SCN is also to be considered

GST Update No 309 on physical reply of SCN is also to be considered
The prolonged issue regarding improperly following the adjudication process and not affording reasonable opportunity of hearing to the assessee is prone to litigations from erstwhile regime. Consequently, the ultimate bearers are the assesses who have to face the difficulties in operating the business. Left with no other option, they have to knock the doors of court to seek relief. On similar note, one case was reported before Madras High Court in the case of M/S ASIA (CHENNAI) ENGINEERING COMPANY PRIVATE LIMITED V/S THE ASSISTANT COMMISSIONER. The decision imparted in this case is subject matter of discussion of our present update.
The show cause notice was issued to petitioner as on 30.11.2021 regarding recovering the erroneous refund granted to them. Thereafter, reply was filed by the petitioner as on 07.01.2022 which was received by authorities as on 10.01.2022. However, an order was subsequently passed stating that the petitioner failed to attend the personal hearing granted as on 17.02.2022 and 16.03.2022.
The petitioner contended that the adjudicating officer failed to consider the hard copy of submissions and reply of show cause notice sent on 07.01.2022. Further it was argued that the adjudicating officers failed to recognise the fact that an opportunity of hearing is to be provided before passing any adverse order. However, no such opportunity was given to the petitioner. The petitioner submitted that the personal hearing notice was not sent on the portal. Reference was drawn to bunch of cases of this court wherein it was held that personal hearing is to be granted before passing any order. The petitioner furnished screen shots of the details available on the portal on 20.08.2022 wherein show cause notice and DRC-01 was issued as on 30.11.2021 and the due date of reply is 30.12.2021, confirming the refusal of personal hearing details.The Counsel of revenue submitted that all the communications of the department and the assessee are to be done over portal itself. Since the show cause notice was also issued through the portal, the reply is also to be given through portal in 30 days. However, presently the written reply is submitted after 30 days. Further, the petitioner failed to present in the hearing as well. It was further argued that as per section 169 of the Act, the notice is to be served through e-mail.
The Court referred to section 73 of CGST Act, 2017 stating that any notice issued and summary has to be uploaded electronically on the portal in GST DRC-01. Later on, the word “electronically” was missing. It was stated that unregistered dealers do not have access to portal and therefore, necessarily are required to submit their replies or explanation through physical mode. When such is permitted for unregistered dealers, then registered dealers cannot be denied of same right of representation as well. Therefore, the revenue authorities should have considered the submissions of the assessees failing which will result into violation of principle of natural justice. The court therefore stated that petitioner deserves personal hearing so that his objections can be heard and documents are considered. The writ petitions are therefore disposed off.
Amidst the tussle of war between the department and the taxpayers, the above decision proved to be favourable decision for the business houses. In the above case, the court took a lenient approach taking into account the principles of natural justice. It is high time that judgements like these should be followed by departmental authorities as well before taking any action against the assessee so that unnecessary litigations and disputes can be avoided.
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