Tax Authorities Exceed Show Cause Notice Limits: Order Quashed, Proceedings Must Restart Within Four Months Under Section 75 HC allowed the writ petition challenging a tax demand order that exceeded the original show cause notice amount. The court quashed the order and directed ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Tax Authorities Exceed Show Cause Notice Limits: Order Quashed, Proceedings Must Restart Within Four Months Under Section 75
HC allowed the writ petition challenging a tax demand order that exceeded the original show cause notice amount. The court quashed the order and directed tax authorities to reinitiate proceedings within four months, strictly adhering to statutory limits under Section 75 of the Uttarakhand GST Act, 2017.
Issues involved: Challenge to order u/s 73(9) of Uttarakhand Goods and Services Tax Act, 2017 for excess tax demand compared to show cause notice.
The petitioner, a Company paying tax under State GST, challenged an order dated 06.11.2023 passed u/s 73(9) of Uttarakhand Goods and Services Tax Act, 2017, demanding &8377;91,95,708/- as tax, interest & penalty. The challenge was based on the discrepancy between the amount mentioned in the show cause notice (Form GST DRC-01) which was &8377;27,06,340/- and the ordered amount. The petitioner contended that the order was unsustainable as per the provision in Sub-Section (7) of Section 75 of the Act, which restricts the demanded amount to not exceed the notice amount and grounds specified therein.
During the proceedings, the learned Brief Holder for the State of Uttarakhand acknowledged that the impugned order did not align with the provision in Sub-Section (7) of Section 75 of the Uttarakhand Goods and Services Tax Act, 2017. It was admitted that the demand in the order surpassed the amount indicated in the show cause notice, thus not complying with the statutory requirement regarding the limit of tax, interest, and penalty to be demanded.
Considering the arguments and the legal provisions, the High Court allowed the writ petition and quashed the impugned order dated 06.11.2023. The Court directed the Proper Officer to initiate proceedings de-novo, emphasizing the need for adherence to the statutory mandate. It was further stipulated that the final order by the Proper Officer should be issued within four months, ensuring compliance with the provisions of the Statute.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
AI OCR ✕
of 
TaxTMI 
TaxTMI 
