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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 […]
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) […]
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 […]
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 […]
Commissioner of Customs and Central Tax (Appeals) via a recent notice announced to hold personal hearings (online) that could not be held physically due to COVID-19 lockdown. The circular issued by Commissioner of Customs and Central Tax (Appeals) related to the matter stated that the personal hearing that got canceled due to the nationwide lockdown […]
The faceless appeal scheme has been revised by the Central Board of Direct Taxes ( CBDT). Whenever the taxpayer makes a request, then a personal hearing through video conferencing / telephony will be applicable in all circumstances. These are the key changes that have been made this time. Another issue that has been looked at […]
It was cited by the Bombay High Court that the rejection of the refund order has passed without hearing the chance that breaches rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain marked that “……in any event, proviso to Rule 92(3) of the […]
Setting aside the GST recovery proceedings the Karnataka High Court stresses that the purpose of section 75(4) of the Goods and Services Tax (GST Act.), 2017 is to ensure that a fair chance of hearing is required to be given before passing any adverse order. The applicant, Breakbounce India Pvt. Ltd. contested the adjudication order […]
The Supreme Court is ready to investigate the problem of the applicability of the provisions of tax deduction at source (TDS) on the allowances furnished before judicial officers under the Second National Judicial Pay Commission (SNJPC). The same issue has been analyzed via the Court in the All India Judges Association case in which it […]
