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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 […]
The Allahabad High Court has ruled that the chance of a personal hearing is obligatory u/s 144B(6)(vii) and (viii) of the Income Tax Act, 1961 when SCN is issued for why assessment may not be completed as proposed. The Court ruled that once the taxpayer asks for a chance of a personal hearing, it becomes […]
The order is been quashed by the Madras High Court as the chance of hearing was denied due to the failure of the taxpayer to tap on the pertinent button. The personal hearing is required to be extended but the taxpayer may lose to tap on the pertinent button, a bench of Justice Mohammed Shaffiq […]
The matter of Suresh Kumar Jain Vs Sales Tax Officer Class II Avato & Anr is related to the dispute originating from a Show Cause Notice (SCN) issued under the Central Goods and Services Tax Act, 2017 (CGST Act). The applicant contested the order on 29.12.2023, which disposed of the SCN, and sought a demand […]
The respected Delhi High Court, in the matter of M/s. Att SYS India Pvt. Ltd. Estex Tele Pvt. Ltd. Consortium v. Commissioner of Goods and Service Tax [W.P. (C) 14494/2023 dated November 20, 2023], granted the writ petition and instructed the Revenue Department to restore the Petitioner’s GST Registration that they have revoked. The court […]
The Kerala High Court set aside the assessment order under the Central Goods and Service Tax (CGST) passed without furnishing the chance of a hearing. The assessment order was on the grounds of the mismatch discovered in GSTR -1 and GSTR -3B. The petitioner, Jose Paul, filed a writ petition to challenge the show cause […]
For this particular case, the Allahabad high court ruled that section 75(4) of the Uttar Pradesh Goods and Service Tax Act would be obligatory despite when there is no demand in writing for the hearing would have incurred. Hence the bench cancelled the order issued without providing the chance of hearing to the applicant. Upon […]
The non-granting of the effective hearing would be a total breach of natural justice, Gujarat High Court observed. The petitioner contested the ex-parte decision made by the Commissioner of Central GST and Central Excise, which was purportedly made without consulting the petitioner or its authorized representatives and in a flagrant breach of natural justice principles. […]
