2020 (9) TMI 212

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....U.P. Goods and Services Tax Act, 2017. The submission is that the authority has exceeded its jurisdiction, inasmuch as, tax liability cannot be determined in proceedings taken under Section 129 of the G.S.T. Act. He further submits that a show-cause notice for fixation of tax liability was issued to the petitioner on 04.06.2020. The petitioner refuting the contents of the notice and also his liability contemplated under the aforesaid notice, submitted a reply on 19.06.2020. It is contended that the aforesaid reply has not been considered while passing the impugned order of determination of liability. Lastly, the contention is that the penalty can only be imposed, in the facts of this case, under Section 122 of the G.S.T. Act and no such....

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....direct any officer subordinate to him to apply to the Appellate Authority within six months from the date of communication of the said decision or order for the determination of such points arising out of the said decision or order as may be specified by the Commissioner in his order. (3) Where, in pursuance of an order under sub-section (2), the authorised officer makes an application to the Appellate Authority, such application shall be dealt with by the Appellate Authority as if it were an appeal made against the decision or order of the adjudicating authority and such authorised officer were an appellant and the provisions of this Act relating to appeals shall apply to such application. (4) The Appellate Authority may, if he is sati....

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....unds of appeal, if it is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. (11) The Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as it thinks just and proper, confirming, modifying or annulling the decision or order appealed against but shall not refer the case back to the adjudicating authority that passed the said decision or order: Provided that an order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: ....