Calcutta High Court
For assessee
Topic
Show-cause notices, adjudication orders, limitation and natural justice in demand proceedings.
97 rulings found
Calcutta High Court
Where a notice and subsequent recovery order were issued in name of deceased sole-proprietor for fraud-related tax demands after death, such proceedings were void ab initio since SCN must be directed to legal representatives under legal-heir liability scheme, making determination against a non-existent person impermissible and vitiating demand and recovery actions based on such notice
Punjab & Haryana High Court
Where assessee challenged adjudication order alleging denial of personal hearing before adverse determination, and revenue admitted hearing was not granted, non-grant of hearing violated mandatory statutory requirement under section 75(4), vitiating adjudication, thus impugned order stood set aside and matter to proceed afresh after granting hearing
Kerala High Court
Where a composite show cause notice and adjudication order covering multiple financial years was issued to petitioner for tax or ITC demands not involving fraud, such composite notice is unsustainable in law, thus both the notice and subsequent orders founded on it were quashed, with liberty to issue separate notices for each relevant period being preserved
Kerala High Court
Where a composite show cause notice and consequential order were issued covering multiple financial years for demand of tax or ITC not involving fraud, such composite proceedings were impermissible as per binding Division Bench decisions and both notice and order were to be quashed with liberty to authorities to issue separate notices for each year
Kerala High Court
Where consolidated show-cause notice covering multiple financial years was issued in respect of tax or ITC demands not involving fraud, such composite notice was invalid as per precedent disallowing clubbing distinct periods, warranting quashing of consolidated notice and granting liberty to issue separate notices for each relevant year
Kerala High Court
Where composite show cause notice and order were issued to petitioner covering multiple financial years for tax or ITC not involving fraud, such consolidated proceedings were impermissible as per binding rulings, and composite notices and orders were quashed with liberty to revenue to issue separate notices for each relevant year
Calcutta High Court
Where ex parte adjudication was made for ITC mismatch without verifying eligibility as mandated by Circular No. 183/15/2022-GST, and no opportunity for petitioner to respond was given, such assessment was unsustainable and was quashed with matter left for reconsideration in accordance with prescribed verification procedure and principles of natural justice
Andhra Pradesh High Court
Where GST-registered trader was subjected to a composite assessment order imposing 100 percent penalty covering multiple tax periods through a single order, such composite assessment was unsustainable as statutory scheme requires separate period-wise orders, and allowing composite orders impairs statutory rights of appeal and renders legislative provisions otiose, thus impugned order was set aside
Andhra Pradesh High Court
Where GST-registered dealer trading in computers and related goods was issued a single show cause notice and composite assessment order covering multiple tax periods, such composite proceedings were unsustainable since law prohibits issuance of a single notice or order for more than one tax period, resulting in setting aside of impugned composite order
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
Andhra Pradesh High Court
Where a registered firm challenged a single composite assessment order covering multiple periods without separate orders for each period, such composite order was set aside on this ground alone, allowing respondents to initiate fresh proceedings for each period separately if so advised
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
Rajasthan High Court
Where petitioner faced SCN and order alleging wrongful ITC under Section 74, but all documents including SCN, order and reminders on portal lacked digital or physical signatures and carried only a reference number, absence of mandated authentication deprived them of legal existence, rendering all actions non est and all such documents and consequential actions were set aside with liberty to proceed afresh as per law. GST: Where SCN and adjudication order alleging wrongful ITC and imposing demand, interest and penalty were only uploaded under Additional Notices And Orders tab without authenticated service, petitioner remained uninformed and was denied opportunity of personal hearing, such violation of statutory mandate and natural justice warranted setting aside of SCN, adjudication order and recovery, regardless of availability of appellate remedy
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 petitioner's registration had been cancelled and no business was carried on thereafter, uploading show cause notice solely on GST portal post-cancellation did not constitute valid service, breaching principles of natural justice, as petitioner was under no obligation to check portal and alternative service modes were required, resulting in demand order being quashed
Rajasthan High Court
Where petitioner challenged show cause notice continuing a previously set aside notice under Section 104, issue had already been adjudicated by Division Bench in Gyankeer Tobacco Products (P.) Ltd. v. Additional Commissioner, CE and (Raj), and with identical circumstances there was no ground to depart from that precedent, allowing writ petition and quashing impugned show cause notice
Patna High Court
Where Proper Officer issued order determining tax liability and attached bank account for FY 2022-23 before due date for annual return had expired, such premature adjudication was without authority and impugned order was set aside, requiring fresh proceedings to be initiated only after due date for filing annual return had passed
Andhra Pradesh High Court
Where tax determination proceedings for several periods were concluded by a single composite assessment order, such composite order was impermissible under GST law and accordingly set aside, with authorities permitted to issue separate period-wise orders after providing due opportunity and all consequential proceedings revoked
Andhra Pradesh High Court
Where registered firm was assessed for multiple financial years under a single composite order in proceedings alleging fraud under Section 74, such order was invalid as each tax period requires separate adjudication, so composite order was unsustainable and impugned order was set aside with liberty to issue separate orders for each period in accordance with law