Clarification on issues related to demand, adjudication and appeal proceedings under the CGST Act, 2017
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Reasoned GST adjudication requires precise notices, meaningful hearings, evidence-based findings, and fair appeal procedures within statutory limits.
CGST demand and adjudication proceedings must be fair, structured and evidence-based. An SCN must identify the noticee and period, state factual allegations and supporting evidence, link them to applicable provisions, specify charges and quantify the proposed demand. Invocation of fraud, wilful misstatement or suppression requires specific material showing deliberate intent to evade tax; non-payment, a discrepancy, or a non-deliberate incorrect statement is insufficient. Adjudication orders must be speaking orders that address issues, evidence and defence, remain within the SCN's grounds and quantified demand, and give issue-wise reasons for tax, interest and penalties.