Fair-rent assessment requires consideration of lease terms, valuation principles and prevailing market rent; the certificate was quashed for fresh rev...
Document Identification Number compliance is satisfied when electronically communicated orders are promptly authenticated through a correctly identifi...
Industrial shrimp-feed machinery classification follows its commercial function, placing integrated production plants under the specific industrial fo...
HC held that the assessment proceedings under Section 73 of the AGST Act, 2017 were vitiated for violation of principles of natural justice, as no proper and prior show cause notice under Section 73(1) was issued to the petitioner. Service of only a Summary of Show Cause Notice in Form GST DRC-01 and an Attachment to Determination of Tax was held not to satisfy the mandatory requirements of Section 73(1) to (8), (10), (11) and Rule 142(1) of the AGST Rules, 2017. A summary was expressly held not to be a substitute for a substantive show cause notice by the proper officer. Consequently, the impugned order dated 25.02.2025 passed under Section 73(9) was declared unsustainable in law, set aside and quashed. The writ petition filed by the anonymized petitioner was accordingly disposed of.
HC held that the assessment proceedings under Section 73 of the AGST Act, 2017 were vitiated for violation of principles of natural justice, as no proper and prior show cause notice under Section 73(1) was issued to the petitioner. Service of only a Summary of Show Cause Notice in Form GST DRC-01 and an Attachment to Determination of Tax was held not to satisfy the mandatory requirements of Section 73(1) to (8), (10), (11) and Rule 142(1) of the AGST Rules, 2017. A summary was expressly held not to be a substitute for a substantive show cause notice by the proper officer. Consequently, the impugned order dated 25.02.2025 passed under Section 73(9) was declared unsustainable in law, set aside and quashed. The writ petition filed by the anonymized petitioner was accordingly disposed of.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
