Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
GST - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Petitioner challenged assessment orders citing lack of ...


GST assessment order set aside for fresh decision after procedural lapse, subject to partial deposit.

Case Laws     GST

September 26, 2024

Petitioner challenged assessment orders citing lack of jurisdiction, as entire duty liability was discharged from ITC availed at import. Court rejected jurisdiction challenge based on precedent, holding respondent competent to pass order under circular and GST Act provisions. However, petitioner failed to provide proper reply with tabulations and documents when show cause notice issued. Court set aside impugned order, remitting case for fresh order on merits, subject to petitioner depositing 10% of balance amount excluding defect relating to 100% ITC adjustment, and 1% of tax liability u/s 86(b) of GST Rules within 30 days. Petition allowed.

View Source

 


 

You may also like:

  1. GST Council Decisions - GST on goods and services - Rates, Exemptions, Reverse Charge, Procedural aspects etc. - News

  2. GST Council Decisions - GST on goods and services - Rates, Exemptions, Reverse Charge, Procedural aspects etc.

  3. GST Council Decisions - GST on goods and services - Rates, Exemptions, Reverse Charge, Procedural aspects etc.

  4. Principles of natural justice violated due to lack of proper communication regarding show cause notice and order, leading to tax demand confirmation without petitioner's...

  5. CENVAT credit - procedural lapses - whether credit of Cenvat taken on the basis of ISD Invoices issued by the Head Office of the appellant units is deniable for curable...

  6. The case involved the issue of pre-deposit during the pendency of appeal, applicability of Section 11B and unjust enrichment, and eligibility for interest on refund of...

  7. Discrepancies between input tax credit availed by petitioner in GSTR 3B and auto-populated GSTR 2A. Court granted partial relief by setting aside impugned order...

  8. Petitioner challenged adjudication order u/s 73 of CGST/WBGST Act, 2017 regarding discrepancies in returns, short payment of tax, and excess availment of Input Tax...

  9. GST Council Decisions - GST on goods and services - Latest updates

  10. GST rate on Services - GST Council decision

  11. Latest GST Notifications (CGST Rate and IGST Rate) to give effect to gst council decisions

  12. Levying penalty u/s. 272A(2)(k) - Filing the return belatedly - There may have been procedural lapse on the part of the assessee however, due to such procedural lapse no...

  13. Allowable business expenditure - Lapse of GST input credit - Disallowance u/s 43B - The said GST Credit lapse is not a provision made by the assessee bank. If said...

  14. Assessing Officer conducted due enquiries regarding cash deposits during demonetization period, called for details from assessee to substantiate source. AO applied mind,...

  15. Reimbursement of GST - respondent is obliged to serve a welcome drink to the passengers who boarded the subject trains - As correctly concluded by the arbitrator, GST...

 

Quick Updates:Latest Updates