Scope of SCN - impugned order proceeds on a completely different ...

Tax Order Overturned: Court Finds Inconsistency Between Notice and Final Ruling, Lacks Justification for Increased Amount.

May 1, 2024

Case Laws     GST     HC

Scope of SCN - impugned order proceeds on a completely different basis from the SCN - Entitlement to ITC - The High Court observed a clear disparity between the initial show cause notice and the final order. While the notice alleged sales suppression and proposed a specific tax liability, the order imposed a significantly higher amount without justification. Notably, the impugned order did not rely on sales suppression as a basis for its decision, raising questions about the rationale behind the increased tax liability. Consequently, the Court set aside the impugned order.

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