SCN and Tax Demand Order Issued Against Deceased Taxpayer Are Legally Void and Quashed SCN and Tax Demand Order Issued Against Deceased Taxpayer Are Legally Void and Quashed Issue Whether a Show Cause Notice (SCN) and a consequential tax demand order issued under Section 74 of the CGST/GGST Act against a deceased sole proprietor, without… Read More »
Non-Speaking Order Passed Without Personal Hearing Violates Principles of Natural Justice and Is Unsustainable Issue Whether a cryptic, two-line assessment order passed in FORM GST DRC-07 without considering the assessee’s reply, providing reasons, or offering a personal hearing under Section 75 of the CGST/GGST Act, 2017 is legally sustainable. Facts Show Cause Notice: SCNs were… Read More »
Delayed GSTAT Appeal Filed Without Statutory Pre-Deposit and Stay Undertaking Bars Recovery Refund Claim Delayed GSTAT Appeal Filed Without Statutory Pre-Deposit and Stay Undertaking Bars Recovery Refund Claim Issue Whether an assessee is entitled to a refund of tax recovered by the Revenue after the issuance of an Order-in-Appeal, where the assessee fails to file… Read More »
GST assessment orders and recovery notices issued against a deceased taxpayer are completely legally void. GST assessment orders and recovery notices issued against a deceased taxpayer are completely legally void. Issue Whether GST show cause notices, assessment orders, and consequential recovery actions (such as bank account freezing) initiated against a deceased proprietor are legally valid,… Read More »
GST Authorities can not seal godown until it had reasons to believe that goods stored were liable for confiscation HIGH COURT OF GUJARAT Anopsinh Kiritsinh Sarvaiya v. State of Gujarat J.B. PARDIWALA AND BHARGAV D. KARIA, JJ. R/SPECIAL CIVIL APPLICATION NO. 2705 OF 2020 FEBRUARY 6, 2020 Ms. Vaibhavi K. Parikh, for the Petitioner. Chintan Dave, Asstt. Government Pleader, for… Read More »