ArticleGST Article

Limitation start from date when Impugned Order in Form DRC 07 uploaded on portal and not from date of detailed order

The Hon’ble Allahabad High Court in the case of M/s Tenet Networks Private Ltd   held that where the appellate authority rejected the appeal on the ground of limitation without considering the petitioner’s specific contention that Form GST DRC-07 was uploaded later, the order suffers from non-application of mind and is liable to be set aside.

ArticleGST Article

Delay in uploading DRC-07 does not render GST order time-barred; service by email is valid and consolidated SCNs for multiple years permitted in fraudulent ITC cases

The Hon’ble Delhi High Court in Rishi Enterprises held that delay in uploading DRC-07 summary order does not invalidate GST adjudication proceedings, service of order via email is valid, and consolidated SCN spanning multiple years is permissible in cases involving fraudulent ITC availment.

GST ArticleHigh Court

Statutory remedy of appeal should be availed before invoking writ jurisdiction

The Hon’ble Jharkhand High Court in the case of Sursarita Vanijya (P.) Ltd. disposed of the writ petition challenging the GST demand issued in Form GST DRC-07 on the ground that ITC had been availed in contravention of Section 16(2)(c) of the CGST Act, directing the assessee to avail the statutory remedy of appeal under Section 107 of the CGST Act and held that various issues had been pointed out regarding merit as also violation of principle of natural justice.