Calcutta High Court
For assesseeRemanded
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
63 rulings found
Calcutta High Court
Where tax, interest and penalty demands were raised via SCN and order uploaded only on portal without direct intimation and reply was filed but no personal hearing was afforded before passing ex parte order, principles of natural justice were breached, requiring the adjudication to be quashed and matter reconsidered after granting effective hearing
Delhi High Court
Where tax demand order was merely uploaded on GST Common Portal without separate service or acknowledgement, such upload alone did not amount to valid service and did not trigger limitation for appeal, thus petitioner was permitted to file statutory appeal within four weeks and appeal could not be rejected as time-barred on basis of portal upload
Karnataka High Court
Where supplier LLP's ITC was blocked on GST portal without prior intimation or pre-decisional hearing and basis for blocking was only an advisory communication pending verification, mechanical blocking without affording hearing was unjustified, thus requiring ITC to be unblocked forthwith and permitting fresh proceedings only after due notice and opportunity of hearing to assessee
Calcutta High Court
Where SCN and adjudication order were uploaded under 'Additional Notices and Orders' tab of GST portal without separate intimation and petitioner was not afforded personal hearing, petitioner could not reply, resulting in violation of natural justice and necessitating quashing of impugned order with direction to provide opportunity of personal hearing and pass a fresh speaking order
Calcutta High Court
Where adjudication order and SCN demanding tax, interest and penalty were uploaded only under portal tab 'Additional Notice and Orders' without separate intimation and showed 'NA' against personal hearing, petitioner remained unaware and could not reply, leading to breach of natural justice and quashing of order in original with matter remanded for hearing
Punjab & Haryana High Court
Where petitioner challenged sufficiency of service by upload of notice and order-in-original only on 'View Additional Notices and Orders' tab of GST portal, since issue was no longer res-integra and stood concluded in Luxmi Traders v. 192 (Punjab & Haryana), instant petition was to be disposed of in same terms
Allahabad High Court
Where show cause notice regarding tax or ITC involving fraud was uploaded only on GST portal after cancellation of assessee's registration and no alternative service was effected, assessee was not obligated to check portal post-cancellation, thus, such service was improper, violating principles of natural justice, and impugned assessment order was to be quashed
Calcutta High Court
Where summary SCN and ex parte order were uploaded only under 'Additional Notices and Orders' tab without separate intimation resulting in delayed reply, and personal hearing was not granted despite section 75(4) mandate, cumulative procedural infirmities invalidated adjudication and required reconsideration of reply after affording personal hearing and passing a fresh reasoned order
Calcutta High Court
Where SCN and adjudication order were uploaded solely under 'Additional Notice and Orders' tab on portal without separate intimation, and appeal was dismissed on limitation grounds without a hearing on merits, such procedural lapse constituted violation of natural justice, thus quashing appellate order and directing appellate authority to admit appeal for hearing and decision on merits
Allahabad High Court
Where a company was ordered to be wound up during pendency of four GST appeals and liquidator was appointed and informed appellate authority, but appeals were decided ex parte without notice or hearing to liquidator, violation of natural justice occurred, requiring ex parte appellate orders to be set aside for fresh decision after due notice and hearing to liquidator
Calcutta High Court
Where adjudication order for tax determination was passed after fixing personal hearing before expiry of reply period, with order uploaded incorrectly on portal and full demand realized by bank attachment, opportunity to respond was not afforded in compliance with statutory requirement, thus adjudication was set aside and consequential actions quashed pending proper reply and personal hearing
Gujarat High Court
Where petitioner challenged show cause notice and subsequent orders regarding GST registration cancellation on ground that Stat Tax Officer had cited cases using AI, which were either not in existence, or were irrelevant, upon tendering of unconditional apology by STO, impugned orders and all consequential orders were to be set aside and fresh notice was to be issued to petitioner; Authorities were directed to scrupulously follow Instruction dated 18-08-2026 for use of AI
Allahabad High Court
Where registered dealer's GST registration was cancelled and no further business was conducted, uploading show cause notice only on GST portal without alternate service did not satisfy statutory requirement, resulting in breach of natural justice, so order based on such portal-only service was quashed, leaving liberty to initiate fresh proceedings as per law
Rajasthan High Court
Where SCNs and OIO were only uploaded on portal without effective service or acknowledgment to petitioner, causing delayed appeal filing, limitation period was not triggered and appellate authority's dismissal of appeal as time-barred was unjustified, delay was condoned and appeal restored for decision on merits in line with consistent writ rulings
Allahabad High Court
Where Adjudicating Authority, after passing ex parte order without considering assessee's replies, issued a rectification order without notice and sustained demand, such rectification was impermissible since it was not for an error apparent but involved merit review, denial of hearing vitiated proceedings, thus only permissible course was recall of earlier order and fresh decision after hearing
Calcutta High Court
Where SCN was uploaded only under Additional Notice and Orders on GST portal without separate intimation and assessee consequently could not respond within prescribed time, dismissal of appeal under section 107 solely on limitation without examining merits was held unsustainable and appellate order was quashed with direction to admit appeal and decide matter on merits after hearing
Rajasthan High Court
Where order was uploaded only on GST portal without any manual service or personal hearing, and assessee became aware of recovery only after bank placed lien, limitation did not begin from portal upload without acknowledgement, so delay in filing appeal was condonable as reasons were beyond assessee's control, and Appellate Authority was to hear appeal on merits
Gujarat High Court
Where GST demand proceedings were initiated and concluded in name of deceased sole proprietor after cancellation of registration post demise, with SCNs and orders issued on GSTN portal and premises without knowledge of legal heir housewife, all such notices and orders stood invalid and quashed, with liberty reserved to initiate proceedings against legal heir as per law
Delhi High Court
Where assessee challenged validity of SCN and order solely served by uploading on GST portal without proof of actual intimation or receipt and no reply was filed, portal-only service absent acknowledgement was not considered sufficient, thus order was to be set aside with opportunity to file reply to SCN
Calcutta High Court
Where a single composite show cause notice under section 74 read with section 122 covered multiple financial years and was followed by year-wise DRC-01 summaries and demand order, issuance of such composite notice was beyond jurisdiction under CGST Act, making entire proceedings including demand order and DRC-01 summaries void and same were to be quashed