Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    News Bill
    Firms
    News Bill
    Local authorities
    News Bill
    Companies
    News Bill
    Surcharge on income-tax
    News Bill
    Marginal Relief
    News Bill
    Education Cess
    News Bill
    Rates for deduction of income-tax at source during the financial year (FY) 2026-27 from certain inco...
    News Bill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    News Bill
    Co-operative Societies
    News Bill
    Firms
    News Bill
    Local authorities
    News Bill
    Companies
    News Bill
    Rationalising the due date to credit employee contribution by the employer to claim such contributio...
    News Bill
    Exemption on interest income under the Motor Vehicles Act, 1988.
    News Bill
    No tax to be deducted at source in respect of interest on compensation amount awarded by Motor Accid...
    News Bill
    Enabling electronic verification and issuance of certificate for deduction of income-tax at lower ra...
    News Bill
    Relaxation from requirement to obtain tax deduction and collection account number (TAN) by a residen...
    News Bill
    Enabling filing of declaration for no deduction to a depository
    News Bill
    Application of TDS on supply of manpower
    News Bill
    Allowing deduction to non-life insurance business when TDS, not deducted earlier is paid later
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bill
Show AI Summary
Firms: income-tax rate unchanged; 12% surcharge over one crore rupees with a cap limiting additional tax.
Firms continue to pay the same specified rate of income-tax as in the prior year. A 12% surcharge applies where a firm's total income exceeds one crore rupees, but the total tax plus surcharge on income exceeding one crore rupees is limited so it does not exceed the tax on one crore rupees by more than the excess income.
News Bill
Show AI Summary
Local authorities face the same income-tax rate with a 12% surcharge above one crore, subject to a cap.
Local authorities remain subject to the same income-tax rate as specified in Paragraph D of Part I-B of the First Schedule; a 12% surcharge on such income-tax applies where total income exceeds one crore rupees, but the combined income-tax and surcharge on income above one crore is limited so it does not exceed the income-tax on one crore rupees by more than the excess amount.
News Bill
Show AI Summary
Company tax rates: domestic companies 25% or 30% with opt-in 22% regime; non-domestic companies 35%; specified surcharges apply.
The Finance Bill, 2026 sets company tax rates: domestic companies pay 25% if turnover/gross receipts for 2024-25 400 crore and under section 199, otherwise 30%; domestic companies may opt for section 200 at 22% with a 10% surcharge. Non-domestic companies are taxed at 35% on income not at special rates. Surcharges: domestic (excluding section 200/201 electors) 7% for income >1 crore 10 crore and 12% for income >10 crore; non-domestic 2% for >1 crore 10 crore and 5% for >10 crore. Marginal relief applies.
News Bill
Show AI Summary
Surcharge on income-tax stays unchanged; specified fund income exempt and special-assessment persons face a 25% surcharge cap.
Surcharge rates remain unchanged from the prior assessment year. Surcharge does not apply to income-tax computed on income of a specified fund as noted in the tax schedule. For persons assessed under the special assessment procedure, the higher surcharge tier on income above the high-income threshold (excluding dividend income and capital gains) is not applied and the surcharge is restricted to 25%.
News Bill
Show AI Summary
Union Budget 2026-27: marginal relief applies where surcharge is imposed for affected taxpayers to mitigate additional tax burden.
The Finance Bill for the Union Budget 2026-27 provides marginal relief in all cases where a surcharge is proposed to be imposed, as a mitigation mechanism to prevent disproportionate increases in tax liability when surcharge thresholds are crossed and to preserve intended tax progression.
News Bill
Show AI Summary
Health and Education Cess to be levied at 4% on income-tax inclusive of surcharge; no marginal relief.
Health and Education Cess is imposed at 4% on the amount of income-tax so computed, inclusive of any applicable surcharge, and no marginal relief is available; the cess is levied uniformly on the surcharge-inclusive tax liability.
News Bill
Show AI Summary
Rates for tax deduction at source for FY 2026-27 remain unchanged; 4% health and education cess applies to nonresidents.
Rates for deduction of income-tax at source from incomes other than salaries are specified in Part II of the First Schedule to the Finance Bill and are to be applied under the relevant sections of the Act. The rates and the Union surcharge remain the same as in the prior year, and a Health and Education Cess of 4% on income-tax including surcharge continues to apply to nonresidents and foreign companies.
News Bill
Show AI Summary
Union Budget 2026 27 sets new income tax and advance tax rates for individuals, senior citizen thresholds, and graduated surcharge bands.
Part III of the First Schedule sets FY 2026 27 tax deduction and advance tax rates: Section 202 rates use a seven bracket scale to 30% (above Rs. 24,00,000) with an option to adopt Part III rates. Paragraph A offers a four slab regime for individuals and similar entities with adjusted thresholds for senior citizens; capital gains under specified sections are included. Surcharge bands of 10%, 15%, 25% and 37% apply by income band, subject to caps and special restrictions for dividend/capital gains, associations of companies and persons taxed under section 202. Marginal relief is provided.
News Bill
Show AI Summary
Co-operative societies: existing tax rates unchanged; 7% and 12% surcharges apply with marginal relief; 22% option available.
In respect of co-operative societies, income-tax rates remain unchanged from FY 2025-26. A 7% surcharge on income-tax applies where total income exceeds one crore but does not exceed ten crore rupees, and a 12% surcharge applies where total income exceeds ten crore rupees; marginal relief is provided. A resident co-operative society that satisfies certain conditions may opt to pay tax at 22% under the Act, with a 10% surcharge on such tax.
News Bill
Show AI Summary
Firms: tax rate unchanged; 12% surcharge applies above one crore rupees with a cap on excess liability.
For FY 2026-27, firms are taxed at the Paragraph C rate in Part III of the First Schedule (unchanged from FY 2025-26) and face a 12% surcharge where total income exceeds one crore rupees; however, the aggregate tax plus surcharge on income above one crore is capped so it does not exceed the tax on one crore by more than the excess income amount.
News Bill
Show AI Summary
Local authorities face a 12% surcharge on income-tax for total income exceeding one crore, subject to a cap.
The rate of income-tax for every local authority is specified in Paragraph D of Part III and remains unchanged; a surcharge at the rate of 12% applies where total income exceeds one crore rupees, and the combined tax and surcharge on income above one crore is capped so it does not exceed the tax on one crore rupees by more than the excess amount.
News Bill
Show AI Summary
Corporate tax rates updated for FY 2026-27, including surcharge tiers and health and education cess.
Union Budget 2026-27 sets company income-tax rates and related surcharge and cess treatment for FY 2026-27: domestic companies pay 25% if turnover/gross receipts for tax year 2024-25 are four hundred crore and under the section 199 regime, otherwise 30%, with an option to opt for 22% under section 200 (10% surcharge on that tax). Non domestic companies are taxed at 35% on ordinary income. Surcharge tiers and marginal relief rules remain, and a 4% Health and Education Cess applies on tax inclusive of surcharge without marginal relief for the cess.
News Bill
Show AI Summary
Employer deduction for employee contributions will be tied to the return filing due date under section 263(1).
The Finance Bill, 2026 amends section 29(1)(e) to provide that the due date for claiming a deduction for employee contributions credited by the employer shall be the due date of filing of return of income under section 263(1); the amendment takes effect from 1 April 2026 and applies to tax year 2026-27 and subsequent years.
News Bill
Show AI Summary
Interest income under Motor Vehicles Act now exempt for individuals and legal heirs from FY 2026-27 onward.
Interest payable as part of compensation under the Motor Vehicles Act, 1988 to an individual or the legal heir for death, permanent disability, or bodily injury is proposed to be exempt by addition to the Income-tax Act Schedule; the amendment is effective from 1 April 2026 and applies to the tax year commencing then and subsequent years.
News Bill
Show AI Summary
Interest on compensation from Motor Accidents Claims Tribunal: no tax deducted at source for individuals, effective April 2026.
The Finance Bill, 2026 proposes that no tax shall be deducted at source on interest paid on compensation awarded by the Motor Accidents Claims Tribunal to an individual, removing the prior conditional threshold and providing relief to accident victims. The amendment is effective from 1 April 2026 (Clause 72).
News Bill
Show AI Summary
Electronic TDS/TCS certificates: payees may file for lower or nil deduction; authority may issue or reject applications.
Permits payees to file applications electronically for certificates for deduction of income-tax at lower or nil rates before the prescribed income-tax authority, which may issue the certificate subject to prescribed conditions or reject incomplete or non compliant applications, thereby easing compliance burdens for small taxpayers under Section 395.
News Bill
Show AI Summary
TAN requirement relaxed for resident individuals and HUFs acquiring property from non-resident sellers, effective October 1, 2026.
The Finance Bill, 2026 amends section 397(1)(c) to provide that resident individuals and Hindu undivided families are not required to obtain a tax deduction and collection account number (TAN) to deduct tax at source on any consideration for transfer of immovable property under section 393(2); the amendment takes effect from 1 October 2026.
News Bill
Show AI Summary
Investors can file declarations for no TDS with depositories for listed securities and mutual fund units.
Permits filing of a written declaration for no deduction at source with the depository for incomes under section 393(6) (dividend, interest from securities, income from mutual fund units); depository will forward the declaration to the payor. Eligibility is limited to investors holding securities or units in the depository where securities are listed on a registered Indian stock exchange. The time for payors to furnish received declarations to the prescribed income-tax authority is changed from monthly to quarterly. Effective 1 April 2027.
News Bill
Show AI Summary
Supply of manpower: TDS to be treated as payment for work, applying contractor TDS rates.
The Bill amends the definition of work to include supply of manpower so that payments for manpower are subject to the TDS rates applicable to payments for work (1% where payee is individual or HUF; 2% otherwise), resolving uncertainty between contractor/work TDS entries and fees for professional or technical services; the amendment is effective 1 April 2026.
News Bill
Show AI Summary
Non-life insurance businesses: amendment allows deduction when previously unpaid TDS is later deducted and paid.
The Bill proposes inserting a new sub paragraph in paragraph 4 of Schedule XIV so that amounts added back for non compliance with TDS timing under section 35(b)(i) and (ii) will be allowed as a deduction in the tax year in which the tax was actually deducted and paid; this aligns paragraph 4 with the existing paragraph 4(2) treatment for section 37 and takes effect from 1 April 2026 for tax year 2026-27 onward.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Electronic Communication (E-Service) of Show Cause Notices on the GST Portal: Limits of Validity and Judicial Correction

9 December, 2025

Contents
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

Deciphering Legal Judgments: A Comprehensive Analysis of Judgment

Reported as:

2025 (11) TMI 295 - CALCUTTA HIGH COURT

Introduction

The decision dated 3 November 2025 of the Calcutta High Court arises from a writ petition under Article 226 of the Constitution challenging (i) an appellate order rejecting a statutory appeal as time-barred u/s 107 of the Central Goods and Services Tax Act, 2017 ("CGST Act") and (ii) the original adjudication order passed u/s 73(9) of the CGST Act. The dispute centrally concerns the mode and validity of electronic communication of a show cause notice ("SCN") on the GST portal, the scope of the statutory right of appeal, and the procedural safeguards mandated u/s 75(4) of the CGST Act.

In the broader legal framework, the judgment is significant at three levels. First, it clarifies when an electronically uploaded SCN can be treated as "due communication" for the purposes of Section 73. Second, it reinforces the statutory and constitutional requirement of affording an opportunity of hearing where an adverse decision is contemplated. Third, it illustrates how constitutional writ jurisdiction may be invoked to cure the consequences of strict appeal limitation where the foundation proceedings are vitiated by a failure of proper notice and hearing.

Key Legal Issues

1. Validity of Communication of Show Cause Notice via "Additional Notices and Orders" Tab

A primary issue was whether the uploading of the SCN only under the "Additional Notices and Orders" tab of the GST portal, and not under the "normal" or primary tab, fulfilled the statutory requirement of communication u/s 73(1) read with the relevant Rules. This is essentially an issue of interpretation of the statutory mode of service and communication in an electronic environment.

2. Compliance with Section 75(4) - Opportunity of Hearing Before Adverse Decision

The second key issue was whether the Proper Officer complied with Section 75(4) of the CGST Act, which mandates an opportunity of hearing where an adverse decision is contemplated, and whether a failure of effective communication of the SCN vitiates the adjudication u/s 73(9) on grounds of breach of statutory mandate and principles of natural justice.

3. Limitation and Condonation of Delay u/s 107(4)

A third issue related to the dismissal of the taxpayer's appeal as time-barred: whether the appellate authority was correct in holding that it had no power to condone delay beyond the statutorily prescribed condonable period of 30 days u/s 107(4), and whether this bar could be overcome or corrected through writ jurisdiction in the circumstances of the case.

4. Scope of Writ Jurisdiction to Set Aside Time-Barred Adjudication and Appellate Orders

Finally, the case raises the question whether and to what extent the High Court, in exercise of its writ jurisdiction, may set aside both the ex parte adjudication order and the order of the appellate authority to restore the matter to the SCN stage where the assessee was prevented by sufficient cause from participating in the proceedings.

Detailed Issue-wise Analysis

1. Electronic Communication of SCN and the "Additional Notices and Orders" Tab

The factual matrix records that the SCN u/s 73(1) was admittedly uploaded only under the "Additional Notices and Orders" tab on the GST portal and not under the "normal" tab. The petitioner contended that, due to this mode of uploading, he remained unaware of the SCN and therefore could not file any reply. The respondent authorities, while not disputing the mode of uploading, argued that the petitioner had not categorically asserted that he was unaware of the SCN from the additional tab, and therefore no further opportunity should be granted.

The Court drew on a prior Division Bench decision in Ram Kumar Sinhal v. State of West Bengal, reported at 2025 (7) TMI 1866 - CALCUTTA HIGH COURT. There, the Division Bench held that accessibility of notice only under the "additional" tab, and not under the "normal" tab, did not amount to proper communication or uploading of notice as contemplated by Section 73(1) of the State GST statute and the governing Rules. The present Court expressly applied this precedent:

  • It noted that the SCN contemplated an adverse decision against the assessee.
  • It then held that uploading of such SCN only under the additional tab cannot constitute "due communication" to the noticee.

Thus, the Court treated the precise location of the electronic document within the GST portal architecture as legally relevant to the sufficiency of communication. This reflects a broader principle: where a statutory notice is required to be "served" or "communicated" through a designated electronic mode, the notice must be made accessible in the ordinary, prescribed manner reasonably expected to alert the assessee; an obscure or secondary placement that does not conform to the standard mode can be inadequate in law.

2. Opportunity of Hearing u/s 75(4) and Natural Justice

Section 75(4) of the CGST Act provides that an opportunity of hearing shall be granted:

  • where a request is received in writing from the person chargeable with tax or penalty; or
  • where any adverse decision is contemplated against such person.

In this case, the SCN u/s 73(1) clearly indicated that an adverse decision was contemplated. The adjudicating authority nonetheless proceeded to pass an order u/s 73(9) determining tax, interest and penalty in the absence of any reply from the petitioner, who asserts that he was unaware of the SCN. The Court linked the improper communication of the SCN with the failure to afford a meaningful opportunity of hearing:

  • It held that, once an adverse decision is contemplated, the Proper Officer is under a statutory obligation to grant an opportunity of hearing before passing an order u/s 73(9).
  • Given that the SCN itself had not been duly communicated (by reason of its uploading only under the additional tab), the consequent order was rendered vulnerable for breach of Section 75(4) and, more generally, of principles of natural justice.

The Court's approach underscores that compliance with Section 75(4) is not a mere formality. Effective notice and a real chance to present a defence are inherent in the statutory framework. Where the very communication of the SCN is defective, participation by the assessee is illusory, and the adjudication cannot be sustained.

3. Limitation and Condonation u/s 107(4)

The appellate authority had rejected the taxpayer's appeal on the ground that it was filed beyond the condonable period prescribed in Section 107(4) of the CGST Act. Section 107(1) lays down the basic appeal period; Section 107(4) enables the appellate authority to condone delay for a further period not exceeding 30 days. The respondent authorities argued that this maximum condonable period is a strict outer limit, leaving no jurisdiction to condone further delay.

The Court did not disagree with this legal position. It implicitly accepted that the appellate authority correctly understood its lack of power to condone delay beyond the statutorily prescribed additional 30 days. Thus, the appellate dismissal on limitation, considered in isolation, was not treated as erroneous in law.

However, the Court shifted the analytical focus away from the appellate stage to the foundational defect in the original adjudication. It held that the petitioner had been prevented by "sufficient cause" from filing a reply to the SCN, since the SCN was not duly communicated. In other words:

  • The impediment lay not in the petitioner's negligence but in the flawed service/communication of the SCN.
  • This defect justified invoking the High Court's writ jurisdiction despite the bar on further condonation at the appellate stage.

The case thus illustrates a crucial distinction: statutory finality and limitation provisions governing departmental appeals do not bar constitutional courts from intervening where the original proceedings are tainted by jurisdictional error or violation of natural justice. The Court avoids rewriting Section 107(4), but corrects the consequences of its application by setting aside the underlying adjudication order itself.

4. Exercise of Writ Jurisdiction and Remand to SCN Stage

Having concluded that the SCN was not duly communicated and that the petitioner was thereby denied the mandated hearing u/s 75(4), the Court exercised its writ jurisdiction to:

  1. Set aside the adjudication order dated 14 December 2023 u/s 73(9); and
  2. Set aside the appellate order dated 23 June 2025 rejecting the appeal as time-barred.

However, the relief was not unconditional. The Court:

  • Granted a "last opportunity" to the petitioner to file a reply to the SCN within three weeks from receipt of the server copy of the order.
  • Directed the Proper Officer to pass fresh orders in accordance with law after considering the reply and providing a reasonable opportunity of hearing.
  • Stipulated that if the petitioner failed to file the reply within the stipulated time, the writ order would automatically stand recalled and the petition dismissed.
  • Authorised the Proper Officer to refuse any prayer for unnecessary adjournments if the reply was duly filed.

These conditional directions balance two competing concerns: rectifying the earlier denial of due process to the assessee and protecting the revenue from prolonged or tactical delay. The automatic recall clause in case of non-compliance serves as a strong incentive for diligent participation by the taxpayer.

Key Holdings and Reasoning

Ratio Decidendi

The core operative principles that emerge from the judgment may be distilled as follows:

  1. Uploading of SCN only under the "Additional Notices and Orders" tab does not amount to due communication to the assessee when, according to the governing provisions and established portal practice, such notice ought to be accessible under the normal or primary tab. Such defective communication undermines the validity of proceedings initiated u/s 73(1).
  2. Where an adverse decision is contemplated against a taxable person, Section 75(4) casts a statutory obligation on the Proper Officer to afford an opportunity of hearing prior to passing an order u/s 73(9). If the underlying SCN has not been duly communicated, the adjudication is vitiated for failure to comply with this statutory requirement and principles of natural justice.
  3. Though the appellate authority u/s 107(4) has no power to condone delay beyond the statutory condonable period, this limitation does not preclude the High Court in writ jurisdiction from setting aside an ex parte adjudication order where the assessee was prevented by sufficient cause from participating in the proceedings due to improper communication of the SCN.

The reliance on the Division Bench decision in Ram Kumar Sinhal forms an integral part of this ratio, particularly on the issue of what constitutes proper electronic communication of notices on the GST portal.

Obiter Dicta

While the judgment is primarily focused, some aspects may be treated as obiter:

  • The description of the relief as a "last opportunity" and the direction that unnecessary adjournments may be refused reflect policy considerations for expeditious adjudication but are not strictly essential to the legal holding on validity of communication and hearing.
  • The formulation that the petitioner was "prevented by sufficient cause" from filing reply to the SCN, though important factually, functions more as a justification for the exercise of writ discretion than as a standalone legal test binding in other contexts.

Precedents Affirmed or Followed

The critical precedent followed is:

  • Ram Kumar Sinhal v. State of West Bengal, 2025 (7) TMI 1866 - CALCUTTA HIGH COURT (Division Bench).
    The High Court applied the principle that mere accessibility of a notice under the "additional" tab of the GST portal-without it being available under the normal tab-does not satisfy the statutory requirement of communication or uploading u/s 73(1) and the relevant rules. This precedent provided a direct and controlling authority on the electronic service issue in the present case.

No earlier decision was expressly overruled or distinguished; rather, the Court aligned its reasoning with the Division Bench's interpretation on portal-based communication, thereby reinforcing the emerging judicial standard on GST e-service.

Conclusion

The judgment underscores that the formalization and digitization of tax administration under the GST regime do not dilute core procedural safeguards. Even within an electronic architecture, statutory requirements of proper communication and meaningful opportunity of hearing remain non-negotiable. A notice that exists only in an obscure compartment of the portal, contrary to statutory or standard modes, cannot be treated as properly served when it forms the basis of an adverse adjudication.

Practically, the decision has several implications:

  • Tax authorities must ensure that SCNs and other critical communications are uploaded and served in strict compliance with prescribed modalities, particularly through the standard or normal tabs on the GST portal.
  • Where adjudication has proceeded ex parte due to defective electronic service, affected taxpayers can seek relief under writ jurisdiction, even where statutory appeal remedies are fettered by rigid limitation provisions.
  • Section 75(4) is reaffirmed as a substantive procedural safeguard: whenever an adverse decision is contemplated, an opportunity of hearing must not only be theoretically available but practically real and effective.

For future development, this decision may prompt:

  • Clarificatory rules or circulars specifying the exact portal locations and modes of uploading that will constitute valid service of SCNs and orders.
  • Greater standardization and audit of electronic service processes by GST authorities to ensure legally sustainable communication.
  • Further jurisprudence on the intersection of digital governance mechanisms and traditional administrative law requirements of notice and hearing.

The ruling thus strengthens procedural fairness within the GST framework, harmonizing technological processes with enduring principles of natural justice and statutory compliance.

 


Full Text:

2025 (11) TMI 295 - CALCUTTA HIGH COURT

Topics

Acts Income Tax