Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
Charitable tree plantation and maintenance for environmental preservation treated as "charitable activity", exempt from GST under Notification 12/2017...
The dominant issues were whether the adjudication confirming GST demand was vitiated by (i) denial of a statutorily mandated personal hearing under Section 75(4) and (ii) lack of jurisdiction under Section 75(7) in confirming demand beyond the show cause notice. The authority held that once a personal hearing is specifically requested, Section 75(4) imposes a mandatory duty to grant it; passing an ex parte order despite such request is a fatal breach of natural justice and cannot be cured by later merits review, rendering the order unsustainable. It further held that any final demand exceeding the amount proposed in the show cause notice is ultra vires under Section 75(7), vitiating the order. The adjudication and appellate orders were quashed and the matter remanded. - HC
The dominant issues were whether the adjudication confirming GST demand was vitiated by (i) denial of a statutorily mandated personal hearing under Section 75(4) and (ii) lack of jurisdiction under Section 75(7) in confirming demand beyond the show cause notice. The authority held that once a personal hearing is specifically requested, Section 75(4) imposes a mandatory duty to grant it; passing an ex parte order despite such request is a fatal breach of natural justice and cannot be cured by later merits review, rendering the order unsustainable. It further held that any final demand exceeding the amount proposed in the show cause notice is ultra vires under Section 75(7), vitiating the order. The adjudication and appellate orders were quashed and the matter remanded. - HC
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