Clarification on issues related to demand, adjudication and appeal proceedings under the CGST Act, 2017
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Reasoned GST adjudication requires precise notices, evidence-based fraud allegations, meaningful hearings, and orders confined to stated charges.
Show cause notices in GST demand proceedings must clearly state the noticee particulars, factual allegations, evidence, legal provisions, individual role of each noticee, proposed demand and basis of quantification. Fraud, wilful misstatement or suppression-based demands require specific material showing deliberate conduct and intent to evade tax; mere non-payment, discrepancy or inadvertent error is insufficient. Adjudication orders must be reasoned, address evidence and taxpayer submissions, remain within the notice allegations and quantified demand, and provide issue-wise findings on tax, interest and penalty.