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Tag: SCN

GST ArticleHigh Court

GST Registration cancellation order set aside due to lack of reasoning

byCA Bimal Jain18/01/202318/01/2023

The Hon’ble Patna High Court in the matter of Manoj Kumar Sah v. The State of Bihar through Commissioner of State GST &Anr. [Civil Writ Jurisdiction Case No.18307 of 2022 dated January 10, 2023] set aside the order of cancellation…

GST ArticleHigh Court

Demand order not sustainable without issuance of SCN and fair opportunity to respond

byCA Bimal Jain14/01/202314/01/2023

The Hon’ble Allahabad High Court in Skyline Automation Industries v. State of Uttar Pradesh quashed the demand order passed in Form DRC-07, by the Revenue Department, on the grounds that a notice in Part A of FORM GST DRC-01A under Rule 142(1A) of Central Goods and Services Rules, 2017 (“the CGST Rules”) was not issued.

GST ArticleHigh Court

Primary allegation cannot be added to the SCN by issuing Supplementary Notice

byCA Bimal Jain23/12/202223/12/2022

The Hon’ble Delhi High Court (“the High Court”) in the case of M/s.Usha Rani Girdhar v. Income Tax Officer [W.P. (C) 16090 of 2022]dated November 25, 2022, held that Assessing officer (“the AO”) cannot add primary allegation in Notice by…

GST in Media

50K show-cause notices sent to companies, partnership firms after GST audit

byAdmin20/12/202220/12/2022

The goods and services tax (GST) authorities have issued around 50,000 show-cause notices (SCN) to several companies and partnership firms across sectors, including real estate and jewellery, following the findings of an audit exercise they started earlier this financial year.…

GST ArticleHigh Court

GST registration restored which was cancelled without due service of Show Cause Notice

byCA Bimal Jain09/12/202209/12/2022

The Hon’ble Kerala High Court (“the High Court”) in the case of Western offshore & marine projects Pvt. Ltd. v. State Tax Officer [WP (C) No. 29765 of 2022 dated November 11, 2022] set aside the order cancelling Goods and…

GST ArticleHigh Court

Failure to Mention Allegations of Fake Invoice against Assessee is Invalid

byCA Bimal Jain04/11/202204/11/2022

The Hon’ble Bombay High Court in the case of Archana Textile Corporation Vs. State of Maharashtra and Ors. In Writ Petition No. 11022 of 2022 held that, GST Notice which failed to mention allegations of fake invoices against the assessee…

GST ArticleUpdate

Recovery under GST without issuance of SCN is not permissible

byCA Bimal Jain26/10/202226/10/2022

There was amendment in sec 75(12) of the Central Goods and Services Tax Act, 2017 (“the CGST Act”), which were introduced vide the Finance Act, 2021 but brought into effect only from January 1, 2022 through Notification no. 39/2021-central tax…

GST ArticleHigh Court

Electronic filing of the reply of SCN is not mandatory in Form GST-DRC-06

byCA Bimal Jain26/10/202226/10/2022

The Hon’ble Madras High Court in Asia (Chennai) Engineering v. Assistant Commissioner (ST) (FAC) [W.P. (MD).Nos.13851 and 13870 of 2022 dated August 22, 2022] held that the filing of a reply to the show-cause notice in form GST-DRC-06 is not…

GST Council Meeting

GSTC Office Memorandum on issuance of recurring SCN in case of an enforcement action

byAdmin20/10/202220/10/2022

The Office of the GST Council has issued a OFFICE MEMORANDUM dated 19.10.2022 bearing file no. F. No. 757/Follow-up/GSTC/2018 /8/98-19.10.2022 on subject – “Authority regarding action consequential to issuance of Show Cause Notice and for issuance of recurring SCN in…

GST ArticleSupreme Court

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

byCA Bimal Jain05/10/202205/10/2022

The Hon’ble Supreme Court of India in Munjal Showa Ltd. v. Commissioner of Customs and Central Excise [Civil Appeal Nos. 2576 of 2010 AND 5608 of 2011 dated September 23, 2022] dismissed both the appeals filed by the assessee and directed the adjudicating authority to complete the penalty…

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