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The Karnataka High Court, specifically the Dharwad Bench, has overturned a GST demand order that exceeded Rs 7.23 crore. The court found that the tax department did not follow the necessary procedure of giving a personal hearing to the affected party before issuing an unfavourable decision. The bench of Justice Lalitha Kanneganti said that Section […]
The Allahabad High Court, specifically the Lucknow Bench, has put a hold on a Goods and Services Tax (GST) demand made against a small business. They found that the tax authority had made its decision without giving the business a chance to explain its side in person, even though the business had already closed down […]
The Gujarat High Court has quashed a GST order that had been issued against the entity for failing to intimate the personal hearing, noting that after the issuance of DRC-01, the authority did not provide the date and time of the personal hearing, which was a violation of the principles of natural justice. The court, […]
One more chance needs to be provided to a septuagenarian woman, who failed to appear for a personal hearing relating to a ₹1,95,11,160 demand raised against her firm, the Delhi High Court asked the Customs Department. The applicant is the sole proprietor of the firm, who has a dealership agreement with M/s. Hindustan Petroleum Corporation […]
Without a personal hearing, the GST authority can dismiss the rectification application, the Madras High Court cited. The matter under consideration by the bench was centred on the interpretation of the third proviso to Section 161 of the TNGST Act, 2017. Specifically, the discussion focused on whether this provision necessitates adherence to the principles of […]
It was ruled by the Kerala High Court that the income tax authorities through not taking into account a request for a personal hearing have breached the norms of natural justice. It was marked by Justice K. Babu that as of the same breach, the orders have been passed without considering the request of the […]
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 […]
