Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
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Retrospective cancellation of GST registration is permissible only if the taxpayer is specifically put on notice that such retrospective action is proposed and is given the statutory minimum time to respond. Here, the original show cause notice did not propose retrospective cancellation, and the later communication introducing that proposal did not comply with Rule 22 of the CGST Rules because no seven working days were allowed from service of notice. The same-day retrospective cancellation was therefore contrary to Rule 22 and violative of fair procedure. The HC set aside the cancellation order, while leaving the authorities free to begin fresh proceedings in accordance with law.
Retrospective cancellation of GST registration is permissible only if the taxpayer is specifically put on notice that such retrospective action is proposed and is given the statutory minimum time to respond. Here, the original show cause notice did not propose retrospective cancellation, and the later communication introducing that proposal did not comply with Rule 22 of the CGST Rules because no seven working days were allowed from service of notice. The same-day retrospective cancellation was therefore contrary to Rule 22 and violative of fair procedure. The HC set aside the cancellation order, while leaving the authorities free to begin fresh proceedings in accordance with law.
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