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Search results for: personal hearing

Bombay HC's Order In Case of Hydro Pneumatic Accessories India Pvt. Ltd. Vs Assistant Commissioner of State Tax

Bombay HC: Order Without Personal Hearing Violates GST Section 75(4)

The matter of Hydro Pneumatic Accessories India Pvt. Ltd. vs Assistant Commissioner of State Tax, heard by the Bombay High Court, stated crucial aspects of procedural fairness and natural justice in administrative proceedings. The blog discusses a comprehensive analysis of the decision, analyzing the implications of the findings of the court on the rights of […]

Allahabad HC Rejects Order Passed U/S 73(9) Due to Lack of Personal Hearing Details in SCN

GST | Allahabad HC Rejects Order Passed U/S 73(9) Due to Lack of Personal Hearing Details in SCN

The case of Virat Agencies Vs State of U.P. before the Allahabad High Court is concerned with challenges to an order passed u/s 73(9) of the Uttar Pradesh Goods and Service Tax Act, 2017. The applicant, represented by Shri Aloke Kumar, challenges the order for the Tax Period July 2017 to March 2018. Detailed Analysis […]

Allahabad HC's Order for Ms Atlas Cycles Haryana Ltd

Allahabad HC: Missing Reply to SCN Can’t Remove the Chances of Personal Hearing U/S 75(4)

Not replying to a show cause notice does not take away the chance for a personal hearing mandated under Section 75(4) of the Uttar Pradesh Goods and Service Tax Act, 2017, Allahabad High Court ruled. Section 75(4) of the UPGST Act furnishes that a chance for a hearing should be provided when asked in writing […]

Madras High Court's Order for M/s.A.H. Enterprises

Madras HC: Before Placing A GST Order, It Is Mandatory to Have a Personal Hearing Opportunity

A.H. Enterprises Vs Deputy Commercial Tax Officer (Madras High Court) The Madras High Court in a significant judgment, in the case of A.H. Enterprises vs. Deputy Commercial Tax Officer [Writ Petition No. 35894 of 2023 dated January 04, 2024], highlighted the mandatory need to furnish a personal hearing under Section 75 of the Tamil Nadu […]

Kerala HC's Order for Vazhakkulam Block Rural Co-Operative Society Ltd

Kerala HC: Re-assessment Order U/S 148 A(b) Without Personal Hearing is Not Valid

Under section 148A(b) of the Income Tax Act 1961 the Kerala High Court has stated that the order issued without affording the personal hearing is not valid and set aside the reassessment order. The order under Section 148 A(b) of the Income Tax Act, 1961, and notice under Section 148 of the Income Tax Act […]

Madras HC's Order for SKS Builders and Promoters

Madras HC: Personal Hearing Should Be Allowed Before Finalizing GST Assessments

Personal hearings must be allowed in all cases before assessments are finalized, with the exception of those in which the assessee’s position is meant to be accepted by the department, according to a ruling by the Madras High Court. The single justice bench Anitha Sumanth stated that the officer committed a grave error by proceeding […]

Delhi HC Cancels Tax Notice & Order Due to Personal Hearing

Delhi HC Cancels Tax Notice & Order Due to Personal Hearing

A division bench of the Delhi high court reused the income tax notice and the assessment order on the basis of the personal hearing was not granted to the taxpayer. In the confrontation with the high court, the taxpayer as a single person challenged the assessment order on the date 07.06.2021 provided beneath section 143(3) […]

Telephone and E-mails Cant Change Personal Hearing

Bombay HC Reminds GST Authority for a New Decision Via Personal Hearing

Hearings cannot be replaced by telephone & e-mails. This verdict was passed by the Bombay High Court while responding to the petitioner “BA Continuum India Pvt. Ltd.” and respondent “GST authority” in a hearing-related case. The petitioner(BA Continuum India Pvt. Ltd.) is a company and provides information technology and information technology-enabled services to customers located […]

GST Cases Hearings Via Video Conferencing

CBIC Gives Approval for Personal Hearings Via Video Conferencing in GST Appeal Cases

While assuring the social distancing, CBIC asked administration for accompanying conferences in GST cases through video conferencing.  Via video conferencing CBIC announces the facts to conduct hearings so as to appeal for Acts for customs along with disputes belonging to excise and service tax. From this, the feedback has been received from the grounds of […]

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