Lawgics – Judgment No. 164
GST Assessment order was set aside as the CGST Act’s assessment time limit was extended for F.Y. 2018-19, but no similar extension was made under the DGST Act.
GST Assessment order was set aside as the CGST Act’s assessment time limit was extended for F.Y. 2018-19, but no similar extension was made under the DGST Act.
Synopsis: Petitioner should seek remedy through the appropriate statutory process after the competent authority makes a decision and passes an order.
HC remanded matter as AO imposed tax liability though services were taxable on RCM basis
Order confirming demand to be quashed since assessee explained disparity due to reflecting GST amount under wrong head: HC
Any communication without a DIN is deemed invalid and considered as never issued as per Circular No. 122/41/2019-GST dated 05.11.2019
The case revolves around a challenge to the Show Cause Notice (SCN) and the adjudication order, particularly regarding the attachment of the petitioner’s bank account. The primary issues in this case pertain to the principles of natural justice, the service of notice, and the petitioner’s opportunity to respond to the SCN.
Proper Officer had to at least consider the reply on merits and then form an opinion. He merely held that the reply is not properly replied/filed without any justification which ex-facie shows that Proper Officer has not applied his mind to the reply submitted by the petitioner.
GST Proceedings are invalid without Document Identification Number (DIN)
GST Assessment Proceeding cannot be initiated against deceased person.
Demand Order was set aside on the ground of breach of principles of natural justice.