Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
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The HC allowed the petition and quashed the impugned Order-in-Original dated 27.12.2023, holding the proceedings initiated under s.74 of the GST Act to be without jurisdiction. The court found respondent-authority erred by invoking s.74 despite an existing show-cause notice and OIO (20.02.2023) alleging wrongful carry-forward of CENVAT/service-tax credit of Rs.4,15,55,899 and a pending appeal before the CESTAT; it also noted non-consideration of the petitioner's reply and a copy of the pending OIO, raising natural justice concerns. Consequently the show-cause notice dated 13.07.2022 and the resultant OIO were set aside and the petition was allowed.
The HC allowed the petition and quashed the impugned Order-in-Original dated 27.12.2023, holding the proceedings initiated under s.74 of the GST Act to be without jurisdiction. The court found respondent-authority erred by invoking s.74 despite an existing show-cause notice and OIO (20.02.2023) alleging wrongful carry-forward of CENVAT/service-tax credit of Rs.4,15,55,899 and a pending appeal before the CESTAT; it also noted non-consideration of the petitioner's reply and a copy of the pending OIO, raising natural justice concerns. Consequently the show-cause notice dated 13.07.2022 and the resultant OIO were set aside and the petition was allowed.
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