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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 336 on revocation application rejected without considering the facts is unsustainable.

GST Update No 336 on revocation application rejected without considering the facts is unsustainable.
The revenue authorities fail to take into consideration the replies of taxpayers and hence take actions against them on the basis of arbitrary grounds. Resultantly, the Courts have stepped forward in various cases and bash the tax authorities on taking such adverse actions against the assessee without affording them an opportunity of hearing. On similar parameters, one case was reported before Calcutta High Court in the case of Swarupa Ghosh V/s Assistant Commissioner of State Tax. The decision imparted in this case is subject matter of our present update.

The petitioner filed the Writ petition challenging the rejection of revocation application which were dismissed on the grounds of availability of alternate remedy. In the present case, show cause notice was issued as on 23.08.2021 to cancel the registration on the grounds that there was contravention of Section 29 of CGST Act, 2017. The reply of the same was submitted and order for cancellation was passed on 01.09.2021 which was devoid of reasons. An application of revocation was filed on 03.11.2021 and the registration was restored. The petitioner proposed to shift his place of business and hence, an application for cancellation of registration was submitted on 03.11.2021. However, the authority rejected the application by an order dated 25.11.2021 since balance sheet and profit and loss were not submitted as per the notice. On same date, another notice for cancellation of registration was issued alleging that the appellant obtained registration by means of fraud. The reply of the same was submitted on 02.12.2021 requesting to provide necessary documents to submit proper reply. Written submissions were submitted and hearing was fixed on 07.12.2021 on which the authority failed to provide any document and registration cancellation proceedings were dropped. Thereafter, second time registration cancellation application was filed. Once again, a show cause notice was issued to appellant to provide various details. The registration was cancelled as on 20.12.2021.

The appellant submitted that the cancellation order was passed in the midnight. Thereafter, another show cause notice was received on 21.12.2021 in the midnight for cancellation of GST registration which narrated that adverse report was attached. However, upon checking, no reports were attached along with the notice and were subsequently received on 28.12.2021. An e-mail was sent by petitioner at 2:47 p.m. seeking time to submit reply. The registration was cancelled without offering an opportunity of hearing as on 28.12.2021. A revocation application was filed on 17.01.2022 and a show cause notice was issued in this respect on 16.02.2022 for which detailed reply was submitted on 19.02.2022. However, the application was rejected by order dated 21.03.2022. The Single Bench dismissed the petition on the grounds of availability of alternate remedy.

The Court upon perusal of material placed before them observed that the order passed by adjudicating authority is devoid of reasons and none of the grounds raised by the petitioner were adhered to. It was narrated that it is not clear as to why department is dragging the matter unnecessarily. Even if there is any adverse material, the same should have been communicated along with the show cause notice along with providing an opportunity of hearing and passing a speaking order. The Commissioner should take a note of the way the cases are dealt with by the subordinate authorities special regarding cancellation of registration. Further, an orientation programme should also be conducted to sensitize the manner in which cases like these should be dealt with. Since the enactment in which they are functioning is totally new the officer should be trained properly and a copy of order should be placed before Commissioner as well. Since in the present case there is violation of principles of natural justice and non-speaking order is passed by the authorities, the impugned order is set aside and the matter is remanded back to the lower authorities. It had directed them to issue a proper show cause notice mentioning the allegations against the appellant and granting a period of 15 days to submit the reply.

The above decision is another example demonstrating the lack of proper training on the part of revenue officers as regards to issuance of appropriate show cause notice failing which results into quashing of entire adjudication proceedings. It is high time that the tax authorities should act judiciously and thereafter issue proper show cause notices otherwise the tussle between the department and taxpayers will continue in times to come.
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