SC Stresses Fair Hearing & Open-Minded Adjudication in GST Show Cause Notices
The Supreme Court has mandated that GST show cause notices must clearly specify allegations, emphasizing the need for a fair hearing and open-minded adjudication.
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The Supreme Court has mandated that GST show cause notices must clearly specify allegations, emphasizing the need for a fair hearing and open-minded adjudication.
The Allahabad High Court has set aside a turnover enhancement order due to lack of adverse material, emphasizing the importance of evidence in fiscal assessments.
The Madras High Court quashed GST assessment orders that lacked proper notice under Section 74(1), underscoring the necessity for fair procedures in GST registrations and enforcement actions.
The Bombay High Court held that damages awarded through arbitration and related settlements do not qualify as taxable supplies under Section 7 of the CGST Act, offering substantial precedent for future arbitration-related GST queries.
FeaturedThe Calcutta High Court quashed a demand of 27 crores in excise duties against a taxpayer, asserting that the Revenue cannot unilaterally switch a taxpayer to a punitive option without satisfying thresholds established under CENVAT Credit Rules.
FeaturedThe Calcutta High Court annulled a disproportionate excise duty demand of ₹27 crores, emphasizing that revenue authorities cannot unilaterally switch a taxpayer to a punitive tax option without justifiable cause under the CENVAT Credit Rules.
FeaturedThe Calcutta High Court quashed an excise duty demand of 27 crores, ruling that reversing CENVAT credit under Rule 6(3A) fulfilled the necessary requirements. This decision emphasizes the importance of proper application of CENVAT regulations.
The Delhi High Court upheld the Income-Tax Department's Look Out Circular (LOC), ruling that courts cannot reassess the executive satisfaction regarding economic interests. The decision reaffirms the executive's discretion in matters impacting India's economic stability.
FeaturedThe Calcutta High Court ruled that it is inappropriate for the ITAT to impose a costs condition precedent for hearing appeals, as it violates the right to access justice. This judgment is pivotal for tax professionals and litigants in tax cases.
FeaturedThe Supreme Court ruled that jurisdictional Assessing Officers (AOs) must verify high-value transactions before treating them as escaped income. The ruling emphasizes due diligence in tax assessments.
FeaturedThe Allahabad High Court has quashed a GST demand notice against HCL, citing prejudicial remarks made by the GST officer as a reason for setting aside the notice, although it has allowed for reissuance under proper jurisdiction.
FeaturedThe Income Tax Appellate Tribunal (ITAT) has clarified that undisclosed foreign bank accounts are taxable under the Black Money Act, irrespective of when they were opened or closed. This ruling emphasizes the obligation of taxpayers to disclose foreign assets in their income tax returns (ITRs).
The Supreme Court has ruled that the omission of CGST Rule 96(10) applies to pending refund proceedings without a saving clause, affecting all active refund claims.