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Search results for: SCN

Delhi HC's Order In The Case of Ambika Traders Through Proprietor Gaurav Gupta V/S Additional Commissioner, Adjudication DGGSTI, CGST

Delhi HC: Consolidated GST SCN Must for Multiple-Year ITC Mismatch Allegations

Consolidated show cause notice u/s 74 of the CGST is allowable and required to find out the fake claim of the ITC for the period, Delhi High Court ruled. A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta said that, “The nature of ITC is such that fraudulent utilization and availment of […]

Delhi HC's Order In Case of M/s Raks Trade Logistics Pvt. Ltd. vs. Sales Tax Officer

Delhi HC Gives Relief After Duplicate GST Order Appears on Portal, Allows Reply to SCN Notices

The Delhi High Court allowed an option to reply to the GST show cause notice on seeing duplication of the order in the GSTN portal. The applicant, Raks Trade Logistics Pvt. Ltd., asked for setting aside the show cause notice dated 20th November, 2024, and the demand order dated 19th February, 2025. This is a […]

Delhi HC's Order in the Case of Bhupender Kumar vs Additional Commissioner Adjudication CGST Delhi North & ORS

Retrospective GST Penalty Valid If SCN Issued: Delhi High Court on Section 122(1A)

The Delhi High Court held that Section 122(1A) of the Goods and Services Tax Act, 2017, can be applied retrospectively, provided that a show cause notice had been issued to the taxpayer when the provision was introduced. Section 122 contemplates penalties for offences under the GST Act, along with the bogus claim of ITC. The […]

Delhi HC's Order in The Case of M/s N B Footcare vs. Union of India & Ors

Delhi HC Cancels GST Order Due to Wrong SCN Communication on GSTN Portal

An ex-parte order issued against M/s N B Footcare has been set aside by the Delhi High Court under the Central Goods and Services Tax Act, 2017, due to the inappropriate communication of a Show Cause Notice (SCN). On the GST portal, SCN had been uploaded only under the “Additional Notices Tab” before January 16, […]

Madhya Pradesh HC's Order in The Case of Singh Construction and Co. vs The State of Madhya Pradesh and Others

MP HC Grants Relief as GST SCN Was Uploaded Under ‘Additional Notices’ Tab, Leaving Assessee Unaware of Proceedings

The Madhya Pradesh High Court decided to give another chance to a taxpayer after discovering that an important notice related to the Goods and Services Tax (GST) was posted in a section of the online portal that the taxpayer did not check. As a result, the taxpayer was unaware of the ongoing legal proceedings. The […]

Allahabad HC's Order In Case of M/S Vibhuti Tyres vs. State of U.P.

Allahabad HC Grants Relief to Vibhuti Tyres, Quashes GST Demand as Illegal Beyond SCN Scope

The Allahabad High Court ruled in favour of the applicant (M/S Vibhuti Tyres). The final demand of Rs 32.97 lakh was not legal and is higher compared to the original amount of Rs 8.81 lakh as specified in the show cause notice issued before the applicant under section 73 of the GST Act, the court […]

Gauhati HC's Order in The Case of Aman Gupta vs. The Union of India and ORS

Gauhati HC: Summary in DRC-01 Cannot Replace Mandatory SCN Under GST Law

A summary of the show cause notice in GST DRC-01 is not a substitute for the actual SCN required to be issued under Section 73(1) of both the CGST Act and the SGST Act, the Gauhati High Court has ruled. The applicant, Aman Gupta, stated that the department furnished the SCN summary on 29.11.2024 without […]

Madras HC's Order In Case of Tvl.Sri Sai Company vs State Tax Officer

GST SCN Valid Even If Verification Report Is Unshared, Madras HC Orders Dept to Furnish Report

While refusing to quash the Show Cause Notice (SCN), the Madras High Court directed the Goods and Services Tax (GST) department to provide a copy of the verification report that formed the basis of the notice. The validity of the SCNs dated 26.03.2025 is being contested by the applicant, a sole proprietor of Tvl. Sri […]

Gujarat HC's Order In the Case of Ajay Industries vs. Union of India

Gujarat HC: No Fresh GST ITC Demand Without GSTN Verification if Reversal Done Before SCN

The Gujarat High Court favoured a ruling in the case of Ajay Industries, a partnership firm engaged in the manufacturing and sales of cottonseed oil, in a matter of the refund of unutilized Input Tax Credit (ITC) under the Goods and Services Tax (GST) regime. The case is concerned with the firm’s claim of a […]

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