Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
HC set aside GST assessment order dated 27.08.2024 and Form GST DRC-07 for violating principles of natural justice. Petitioner challenged order claiming non-receipt of show cause notice uploaded only on GST Portal without personal service. Court held that mere portal upload constituted insufficient service, requiring exploration of alternative modes under Section 169(1) including RPAD when taxpayer fails to respond. Ex parte proceedings based solely on empty formalities create multiplicity of litigation and waste judicial resources. Since respondent had already recovered disputed tax from petitioner's bank account, no deposit conditions were imposed. Matter remanded to respondent for fresh consideration with proper service of notice. Petition allowed by way of remand.
HC set aside GST assessment order dated 27.08.2024 and Form GST DRC-07 for violating principles of natural justice. Petitioner challenged order claiming non-receipt of show cause notice uploaded only on GST Portal without personal service. Court held that mere portal upload constituted insufficient service, requiring exploration of alternative modes under Section 169(1) including RPAD when taxpayer fails to respond. Ex parte proceedings based solely on empty formalities create multiplicity of litigation and waste judicial resources. Since respondent had already recovered disputed tax from petitioner's bank account, no deposit conditions were imposed. Matter remanded to respondent for fresh consideration with proper service of notice. Petition allowed by way of remand.
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