Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee...
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
HC ruled on the validity of a show cause notice (SCN) under GST law regarding time limitations. The Court examined Section 73(2) and 75 of GST Act, determining that statutory timelines for issuing SCNs are mandatory, not directory. Drawing parallels with precedent from arbitration law, HC emphasized taxpayer protections including right to notice, personal hearing, and adequate response time. The two-day delay in issuing SCN could not be condoned as the provision was deemed mandatory, not directory. Court held that violation of prescribed time period under Section 73(2) renders SCN void, protecting taxpayer's procedural rights. Petition challenging the delayed SCN was allowed, effectively invalidating the assessment proceedings.
HC ruled on the validity of a show cause notice (SCN) under GST law regarding time limitations. The Court examined Section 73(2) and 75 of GST Act, determining that statutory timelines for issuing SCNs are mandatory, not directory. Drawing parallels with precedent from arbitration law, HC emphasized taxpayer protections including right to notice, personal hearing, and adequate response time. The two-day delay in issuing SCN could not be condoned as the provision was deemed mandatory, not directory. Court held that violation of prescribed time period under Section 73(2) renders SCN void, protecting taxpayer's procedural rights. Petition challenging the delayed SCN was allowed, effectively invalidating the assessment proceedings.
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