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Tag: SCN

GST ArticleHigh Court

Demand order passed without considering the reply to the SCN is not sustainable

byCA Bimal Jain03/03/202304/03/2023

The Hon’ble Madras Court in M/s. Engineering Aids v. State Tax Officer and Ors. [W.P. No.28124 of 2022 dated February 15, 2023] has quashed the demand order passed by the Revenue Department, on the grounds that the reply filed by…

GST ArticleHigh Court

Revenue Department to incorporate measures to reduce litigations arisen due to the non-constitution of the GST Tribunal

byCA Bimal Jain02/03/202302/03/2023

The Hon’ble Bombay High Court in Gulf Oil Lubricants India Ltd. v. Joint Commissioner of State Tax & Ors. [Writ Petition No. 3097 of 2022 dated February 8, 2023] has directed the Revenue Department to incorporate measures to reduce the…

GST ArticleHigh Court

Revenue department cannot go beyond the scope of SCN to create new ground at the stage of adjudication

byCA Bimal Jain24/02/202324/02/2023

The Hon’ble Jharkhand High Court in M/s. CJ Darcl Logistics Limited v. Union of India [W.P.(T) No. 215 of 2022 dated February 9, 2023] has quashed and set aside the Show Cause Notice (“SCN”) and the consequent orders demanding reversal…

GST ArticleHigh Court

Cancellation of GST Registration without stating a reason in SCN / Order is cryptic in nature

byCA Bimal Jain22/02/202322/02/2023

The Hon’ble Gujarat High Court in Gigamade Machineries Private Limited v. State of Gujarat [R/Special Civil Application No. 17599 of 2022 dated February 10, 2023] quashed and set aside the Show Cause Notice (“SCN”) and consequential order cancelling the GST…

GST ArticleHigh Court

Penalty order cannot be passed without serving SCN

byCA Bimal Jain19/02/202319/02/2023

The Hon’ble Delhi High Court in M/s. Sun Aviation Pvt. Ltd. v. Commissioner of Customs (Export) [W.P. (C) 17189/2022 dated February 7, 2023] has set aside the penalty order passed by the Revenue Department on the ground that the order…

GST ArticleHigh Court

GST Registration cannot be cancelled when the reply to the SCN is not considered

byCA Bimal Jain19/02/202319/02/2023

The Hon’ble Delhi High Court in M/s. Rakesh Enterprises v. the Principal Commissioner Central Goods and Services Tax & Ors. [W.P. (C) 14250/2022 dated February 9, 2023] has set aside the order for cancellation of GST Registration of the assessee…

GST ArticleHigh Court

Assessee allowed to submit an additional reply to a SCN against non-payment of tax within prescribed period under the SVLDRS

byCA Bimal Jain16/02/202316/02/2023

The Hon’ble Madras High Court in M/s. P.K. Japee & Co. v. Deputy Commissioner of GST and Central Excise and Ors. [W.P.No.3587 of 2023 and W.M.P.No.3647 of 2023 dated February 7, 2023] has allowed the assessee to submit an additional…

GST ArticleHigh Court

Writ petition filed before the passing of the final order is premature and not maintainable

byCA Bimal Jain16/02/202316/02/2023

The Hon’ble Madras High Court in the matter of Geethanjali v. the Assistant Commissioner of CGST & CE [W.P. No.35024 of 2022 and W.M.P. Nos. 34458 and 34461 of 2022 dated February 7, 2023] has held that the petition filed…

GST ArticleHigh Court

SCN/Order issued without giving any specific details or reasons for taking any action

byCA Bimal Jain15/02/202315/02/2023

The Hon’ble Delhi High Court in Marg Erp Ltd v. Commissioner of Delhi Goods and Service Tax &Anr. [W.P.(C) 872/2023 dated February 3, 2023] has set aside the demand order passed by the Revenue Department on the ground that such…

GST ArticleHigh Court

Refund cannot be denied for an inadvertent error which was subsequently rectified

byCA Bimal Jain13/02/202313/02/2023

The Hon’ble Delhi High Court in the matter ofM/s. Shri Shyam Footwear v. the Commissioner of Central Goods and Services Tax and Anr. [W.P. (C). 5845 of 2022 dated January 31, 2023] has set aside the order of the Revenue…

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