Allahabad High Court
For revenue
High Courts
Rulings of the High Court of Allahabad, newest first.
8 rulings found
Allahabad High Court
Where adjudication order under Section 73 was challenged for being non- speaking and for non-consideration of reply regarding mismatch between GSTR-3B, GSTR-2A and GSTR-9, since authority considered assessee's reconciliation reply and hearing, and burden to reconcile ITC claimed was not discharged by mere chart without explanation, writ remedy was not maintainable and statutory appeal could be pursued
Allahabad High Court
Where adjudication order under Section 73 imposed penalty not proposed in show-cause notice and confirmed tax demand beyond proposal, such order was without jurisdiction due to violation of statutory bar under Section 75(7), rendering demand exceeding notice amount fundamentally illegal and liable to be set aside
Allahabad High Court
Where SCN proposed penalty of Rs. 20,000 but adjudication order confirmed penalty of Rs. 96,000, confirmation of penalty beyond proposed amount was in gross violation of section 75(7), rendering order without jurisdiction, requiring setting aside of such order and remand for fresh decision after affording due hearing
Allahabad High Court
Where SCN invoking extended period for tax or ITC involving fraud was issued without detailing statutory ingredients like fraud, wilful misstatement, or suppression of material facts with intent to evade tax, continuation of proceedings was unsustainable as jurisdictional preconditions were not disclosed, leading to quashing of SCN with liberty to issue a fresh notice in accordance with law
Allahabad High Court
Where registered person received notice under section 74 but was not offered any personal hearing, with 'NA' entered for hearing details and adverse order was passed, statutory mandate under section 75(4) for oral hearing before adverse decision was violated, non-filing of written reply did not negate right to oral hearing, making adverse order invalid
Allahabad High Court
Where adjudication order demanding tax, interest and penalty exceeded quantum proposed in SCN and introduced grounds beyond notice, action was contrary to statutory mandate that final demand cannot exceed notice amount or rest on grounds beyond notice, thus, impugned order raising higher demand was unsustainable
Allahabad High Court
Where assessee's registration was cancelled and business discontinued, service of show cause notice solely by uploading on GST portal was invalid since there was no obligation to check portal post-cancellation; thus, such service breached principles of natural justice and demand order was to be quashed
Allahabad High Court
Where penalty order imposed amount exceeding what was proposed in show- cause notice, since statute bars confirming liability beyond SCN, such excess imposition suffered from jurisdictional error