Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The HC allowed the petition, holding that principles of natural justice were violated because the petitioner did not receive notices sent to an email that landed in the junk folder, resulting in an ex parte order. Accepting the petitioner's assertion of bona fide inability and sufficient cause to file replies, the court set aside the impugned order dated 13.03.2024 issued by respondent No.3 under Section 73(9) read with Sections 73(10), 50, 122(2)(a) of the KGST Act and corresponding provisions in the CGST Act and IGST Act. The matter is remitted to respondent No.3 for fresh consideration in accordance with law from the stage of the petitioner submitting a reply to the show-cause notice dated 26.12.2023.
The HC allowed the petition, holding that principles of natural justice were violated because the petitioner did not receive notices sent to an email that landed in the junk folder, resulting in an ex parte order. Accepting the petitioner's assertion of bona fide inability and sufficient cause to file replies, the court set aside the impugned order dated 13.03.2024 issued by respondent No.3 under Section 73(9) read with Sections 73(10), 50, 122(2)(a) of the KGST Act and corresponding provisions in the CGST Act and IGST Act. The matter is remitted to respondent No.3 for fresh consideration in accordance with law from the stage of the petitioner submitting a reply to the show-cause notice dated 26.12.2023.
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