Clarification on issues related to demand, adjudication and appeal proceedings under the UPGST Act, 2017.
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GST demand and appeal proceedings require evidence-based notices, fair hearings, reasoned orders, and strict limits on rectification.
Fraud, wilful misstatement or suppression provisions require material evidence of conduct intended to evade tax; non-payment or a scrutiny discrepancy alone is insufficient. The notice must disclose the specific allegations, facts and evidence supporting their invocation. Adjudication orders should independently examine each material issue, the evidence, taxpayer submissions and relevant legal authorities, with reasons for accepting or rejecting them. The order must remain within the notice's grounds and proposed amounts; a new issue may be pursued through a separate notice. Rectification under section 161 is confined to errors apparent on the face of the record and cannot substitute for an appeal or reconsideration of disputed merits.