Kerala High Court
For assessee
Topic
Show-cause notices, adjudication orders, limitation and natural justice in demand proceedings.
49 rulings found
Kerala High Court
Where a dealer received a composite notice and order-in-original for multiple years under CGST/KGST, such composite proceedings were unsustainable as per settled law, so the impugned order, notice, and summary were quashed and authorities allowed to issue fresh year-wise notices, with benefit of Section 16(5) if returns filed by 30.11.2021 and limitation period suitably adjusted. GST: Where petitioner was denied ITC for certain months on limitation grounds though returns were furnished by 30.11.2021 and Section 16(5) benefit was claimed, order and related notices were quashed and respondents were to reconsider eligibility for ITC for each year, granting Section 16(5) benefit if timely filing is verified, excluding specified period for limitation computation
Madras High Court
Where registered purchaser claimed ITC on supplies from identified supplier and produced bank statements, invoices, e-way bills, ledgers and GSTR-2A/2B in response to SCN issued under Section 73, reversal of ITC solely due to supplier's registration cancellation without considering produced documents or affording opportunity for additional evidence could not be sustained and order was set aside for fresh adjudication
Kerala High Court
Where consolidated show cause notice covered multiple financial years in a single notice and precedents mandated separate notices for each assessment year, issuing a composite SCN was impermissible and such notice was to be quashed with liberty to issue fresh year-wise notices
Madhya Pradesh High Court
Where petitioner, upon receiving composite SCN alleging discrepancies and seeking personal hearing, was not granted such opportunity before demand order was passed, decision process was vitiated for breach of principles of natural justice and mandatory requirement under section 75(4), thus, impugned order was set aside and personal hearing before a new officer was directed
Telangana High Court
Where prior writ order in petitioner’s case remanded assessment for breach of personal hearing mandate and directed adjudication of original SCN after granting hearing and considering reply, issuance of second SCN and fresh order for same year by AO was impermissible as it overreached remand scope, thus impugned order was set aside for adjudication on first SCN only with compliant hearing
Madras High Court
Where notices and ex parte orders for ITC mismatch and delayed GSTR-9 were issued in name of deceased individual due to non-intimation of death by legal heir, orders were set aside and matter remitted for fresh decision on merits with pre-deposit, as ex parte adjudication was improper despite extended-period provision being validly invoked in present context. GST: Where demands were raised for 2017-2018 and 2019-2020 by issuing DRC-01A and DRC-01, and limitation periods stood extended due to statutory notifications and Supreme Court’s Covid-19 orders, adjudication under general demand provision remained maintainable even if extended- period proceedings were inapplicable, as law permitted passing of orders under general demand provision in such circumstances. GST: Where assessee died and no intimation of death was given, statutory liability for tax, interest or penalty determined against deceased for ITC mismatch and late fee continued upon legal heir, who was required to discharge such liabilities even if business was discontinued, as legal heir is responsible for dues of deceased under GST law
Kerala High Court
Where composite show cause notice was issued covering multiple financial years in a situation not involving fraud, such composite notice was impermissible as per settled law and had to be quashed, with liberty granted to issue separate notices for each relevant year, and limitation period to be computed accordingly
Kerala High Court
Where consolidated show cause notice and summary was issued under GST covering multiple financial years for demand not involving fraud, binding precedent required separate notices for each period and thus composite notice and summary were found unsustainable and quashed, but fresh notices for each period could be issued subject to exclusion of interim period for limitation computation
Kerala High Court
Where respondent issued a single composite show cause notice and order spanning multiple assessment years for tax or ITC not involving fraud, such composite notice was unsustainable as per Division Bench ruling, and both composite SCN and OIO were to be quashed with liberty to issue separate notices for each relevant year