New LODR Fifth Amendment reshapes related party transaction rules, disclosure duties, and non-convertible security communication timelines under Sched...
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HC, exercising writ jurisdiction under Article 226, examined a challenge to a demand order and SCN issued under the GST Act, 2017. It held that, under Section 75(7) read with Section 74(9), the final order cannot demand tax, interest or penalty in excess of, or on grounds different from, those specified in the SCN. In the present case, the impugned order under Section 74(9) demanded an amount far exceeding that in the SCN, violating Section 75(7) and principles of natural justice. Consequently, the impugned order and consequential demand were quashed and the petition allowed.
HC, exercising writ jurisdiction under Article 226, examined a challenge to a demand order and SCN issued under the GST Act, 2017. It held that, under Section 75(7) read with Section 74(9), the final order cannot demand tax, interest or penalty in excess of, or on grounds different from, those specified in the SCN. In the present case, the impugned order under Section 74(9) demanded an amount far exceeding that in the SCN, violating Section 75(7) and principles of natural justice. Consequently, the impugned order and consequential demand were quashed and the petition allowed.
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