Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Petition seeking quashing of Order-in-Original passed u/s 73 of CGST Act, 2017, and Demand Order in GST 07 by Respondent 4. No excess claim of Input Tax Credit for 2019-20 as already denied for 2017-18. Court held issue covered by judgment in M/s. Sadhana Enviro Engineering Services case, where it was ruled that in view of amendment inserting Section 16(5) to CGST/KGST Act, petition should be disposed of, directing original authority to implement provisions after providing reasonable opportunity to petitioner, hearing them, and proceeding in accordance with law. Considering facts, circumstances, and M/s. Sadhana Enviro Engineering judgment, present petition allowed and disposed of accordingly.
Petition seeking quashing of Order-in-Original passed u/s 73 of CGST Act, 2017, and Demand Order in GST 07 by Respondent 4. No excess claim of Input Tax Credit for 2019-20 as already denied for 2017-18. Court held issue covered by judgment in M/s. Sadhana Enviro Engineering Services case, where it was ruled that in view of amendment inserting Section 16(5) to CGST/KGST Act, petition should be disposed of, directing original authority to implement provisions after providing reasonable opportunity to petitioner, hearing them, and proceeding in accordance with law. Considering facts, circumstances, and M/s. Sadhana Enviro Engineering judgment, present petition allowed and disposed of accordingly.
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