Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
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The HC held that mere uploading of the show cause notice (SCN) on the GST portal without physical service does not satisfy the principles of natural justice, particularly when the petitioner remains unresponsive. The officer issuing repeated reminders must consider alternative service methods under Section 169(1) of the GST Act, such as RPAD, to ensure effective notice. The impugned assessment order dated 29.04.2024 was passed ex parte without affording the petitioner a personal hearing, rendering it invalid. Consequently, the HC set aside the order and remanded the matter to the respondent for fresh consideration, directing adherence to proper service and hearing procedures. The petition was disposed of accordingly.
The HC held that mere uploading of the show cause notice (SCN) on the GST portal without physical service does not satisfy the principles of natural justice, particularly when the petitioner remains unresponsive. The officer issuing repeated reminders must consider alternative service methods under Section 169(1) of the GST Act, such as RPAD, to ensure effective notice. The impugned assessment order dated 29.04.2024 was passed ex parte without affording the petitioner a personal hearing, rendering it invalid. Consequently, the HC set aside the order and remanded the matter to the respondent for fresh consideration, directing adherence to proper service and hearing procedures. The petition was disposed of accordingly.
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