Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
The HC held that the Show Cause Notices (SCNs) dated 23rd September, 2023 and 4th December, 2023 were not properly served as they were uploaded only on the 'Additional Notices Tab' and were inaccessible to the Petitioner, violating principles of natural justice. Although the SCN dated 27th May, 2024 was properly uploaded, the Petitioner missed it. The impugned orders passed without affording the Petitioner an opportunity to be heard were set aside. The matter was remanded to the Adjudicating Authority for fresh adjudication on merits. The Petitioner was granted time until 31st August, 2025, to file replies to the SCNs. The petition was accordingly disposed of.
The HC held that the Show Cause Notices (SCNs) dated 23rd September, 2023 and 4th December, 2023 were not properly served as they were uploaded only on the 'Additional Notices Tab' and were inaccessible to the Petitioner, violating principles of natural justice. Although the SCN dated 27th May, 2024 was properly uploaded, the Petitioner missed it. The impugned orders passed without affording the Petitioner an opportunity to be heard were set aside. The matter was remanded to the Adjudicating Authority for fresh adjudication on merits. The Petitioner was granted time until 31st August, 2025, to file replies to the SCNs. The petition was accordingly disposed of.
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