Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Writ jurisdiction against a penalty order under Section 129(1)(b) of the GST law was declined on the ground of efficacious alternative remedy under Section 107, since there was no breach of natural justice, no lack of jurisdiction, no vires challenge, and no established infringement of fundamental rights. The impugned order contained detailed factual findings, including doubts about the genuineness of documents and e-way bills, which required appellate fact-finding and could not be adjudicated on affidavits in writ proceedings; consequently, reliance on the 31 December 2018 circular to claim benefit under Section 129(1)(a) was not accepted. The taxpayer was relegated to statutory appeal, with directions to enable e-filing access. - HC
Writ jurisdiction against a penalty order under Section 129(1)(b) of the GST law was declined on the ground of efficacious alternative remedy under Section 107, since there was no breach of natural justice, no lack of jurisdiction, no vires challenge, and no established infringement of fundamental rights. The impugned order contained detailed factual findings, including doubts about the genuineness of documents and e-way bills, which required appellate fact-finding and could not be adjudicated on affidavits in writ proceedings; consequently, reliance on the 31 December 2018 circular to claim benefit under Section 129(1)(a) was not accepted. The taxpayer was relegated to statutory appeal, with directions to enable e-filing access. - HC
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