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The Madhya Pradesh High Court at its Indore bench, dismissed a filed writ petition of Future Consumer Limited, contesting an order passed by the Deputy Commissioner of State Tax u/s 73 of the GST Act. As per the applicant, they were refused the right to personal hearing u/s 75(4) of the Act. The division bench […]
On August 29, 2024, the Tamil Nadu GST Department issued Circular No. 08/2024 furnishing the essential norms for the adjudication proceedings under the Goods and Services Tax (GST) along with the drafting of the GST notices, orders, personal hearing, etc. It said that the qualities and contents required for the order, the notices, and the […]
When the GST ( Goods and Services Tax ) personal hearing notice was not noticed 3 times, the Madras High Court granted a chance to challenge a 10% pre-deposit from the Electronic Cash Register ( ECR ). The taxpayer, a small-time operator, lost to notice the show cause notices ( ASMT 10 dated 17.10.2022, DRC […]
The cancellation of GST registration for M/S. Rajdhani Trading Co., citing a violation of natural justice has been overturned by the Delhi High Court. The court’s judgment stresses the importance of procedural fairness specifically the need for a clear personal hearing procedure. The writ petition is towards M/S Rajdhani Trading Co., a business registered under […]
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 […]
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 […]
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 […]
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 […]
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 […]
