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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 317 on discrepancies in Order passed in GST DRC-07 vis a vis allegations in ASMT-10

GST Update No 317 on discrepancies in Order passed in GST DRC-07 vis a vis allegations in ASMT-10
It is often observed that the revenue authorities ignore the statutory provisions in force while issuing the order in original. The repercussions of careless attitude of revenue authorities are faced by taxpayers hampering their business operations. There had been various cases in the past as well wherein Courts have bashed the departmental authorities for being grossly negligent in performing their duties. Recently, a case was reported before Madras High Court in the case of M/S VADIVEL PRYOTECH PRIVATE LIMITED V/S THE ASSISTANT COMMISSIONER (ST) wherein the discrepancies were noticed in the allegations raised in ASMT-10 as compared to the order passed in GST DRC-07. The decision imparted in this case is subject matter of discussion of our present update.The impugned notice under DRC-01 and order in DRC-07 are passed pursuant to scrutiny of GST returns as per Section 61 of CGST Act, 2017 for the Financial Year 2018-19. The petitioner challenged the impugned order dated 09.05.2022 and submitted that the proceedings are vitiated as per Rule 99 of TNGST Rules, 2017. The petitioner is engaged in the business of manufacture and supply of pyrotechnic products and filed proper GST returns and discharged GST liability after availing input tax credit. A notice ASMT-10 was issued dated 22.12.2021 wherein discrepancies between GSTR-3B, GSTR-1 and GSTR-2A were pointed out. The petitioner furnished GST-DRC 03 dated 27.12.2021 and submitted the explanation in ASMT-11 dated 18.01.2022. When enquired on phone from the departmental officers regarding the subject matter, to petitioner’s surprise, they were informed that order dated 09.05.2022 was passed and a summary of the notice in FORM GST DRC-01 and Order in FORM GST DRC-07 had also been uploaded in the GST portal which contained six defects.It was submitted that the said defects were different from the defects/discrepancy which were pointed out in the Form ASMT 10 issued on 22.12.2021 and hence, the entire proceedings has been made behind their back and they were completely unaware of either the summary of the Notice in GST DRC-01 or the Order in GST DRC-07. Therefore, there is gross violation of principles of natural justice. Reliance was paled on decision of this court in W.P. No. 27651 of 2021. Furthermore, various provisions of CGST Act, 2017 were also referred to.The court held that ASMT-10 is mandatory before proceeding to issue GST DRC- 01, failure to issue the same in respect of the discrepancies forming the subject matter would vitiate the entire proceedings. It is well settled that when the Act prescribes the method and manner for performing an act, such act shall be performed in compliance with the said method and manner and no other manner. It was noticed that as the basis of allegations in ASMT-10 were different from the order passed in DRC-07, it was decided to remand back the case to the Assessing Officer to conclude the case after providing opportunity osf hearing to the assessee.The above decision is another example wherein courts have stepped forward and provided relief to the aggrieved assesses. It is very essential that the initial notice prescribing certain allegations aligns with the order passed thereon. The order which is passed beyond the scope of the allegations levelled in the show cause notice is non-est and deserves to be quashed. The revenue authorities should take a note of these settled judicial precedents before initiating any proceeding against the assessee failing which will result into sheer wastage of time and energy of courts and taxpayers.
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