ORDERS
Order No. | Subject |
Order No. 2/2019-GST dt. 12.03.2019 | Appointment of common authority for the purpose of exercise of powers under sections 73,74, 75 and 76 of the CGST Act, 2017 |
COMMUNITY INSIGHTS
Topic |
Publish Date |
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A Breakdown of DRC Forms: Understanding Their Role in GST Demand and Recovery Received a GST notice and unsure what it means? The DRC forms play a crucial role in tax demand, recovery, and compliance under the GST regime. Understanding these forms is essential for taxpayers to respond correctly and avoid unnecessary penalties. The GST law provides a structured mechanism for tax authorities to communicate with taxpayers regarding tax demands, discrepancies, interest, penalties, and recoveries......................... Read More |
28.02.2025 |
CASE LAWS
Authority |
One liner |
Allahabad High Court Bala Ji Medical Ajency |
A personal hearing fixed before expiry of the 30-day reply period renders the SCN and resulting cancellation unsustainable; fresh proceedings permitted. |
Madras High Court Axiom Gen Nxt India Private Limited |
Court set aside ex-parte order passed in violation of section 75(4) and principles of natural justice |
2025(04)LCX0009 Allahabad High Court S R Construction |
Demand for tax interest and penalty mentioned in order cannot exceed the amount stated in the SCN and it must be based on the reasons outlined in that notice: Section 75(7) of GST Act. |
2025(02)LCX0341 Madras High Court Panvo Organics Private Limited |
Order passed without providing any proper opportunity of hearing is in violation of Section 75(4) of the GST Act, 2017. |
Kerala High Court K.A.V Shaik Rowther |
Failure to attend a scheduled hearing does not constitute denial of opportunity or breach of natural justice. |
2024(05)LCX0353 Allahabad High Court Eveready Industries India Ltd. |
Order passed in non-compliance of Section 75(4) CGST Act which requires to give personal hearing is quashed. |
2024(03)LCX0492 Allahabad High Court Virat Agencies |
As per section 75(4) of the central act, before any adverse order passed in an adjudication proceeding, personal hearing must be offered to the assessee |
Allahabad High Court Primeone Work Force Private Limited |
An opportunity of hearing mandatorily required to be given if an adverse decision is contemplated u/s 75(4) GST Act |
2023(11)LCX0375 Chattisgarh High Court Tata Steel Ltd |
Opportunity of personal hearing ought to be granted by the authorities to assessee before determining the tax value as per Section 75(4) of the Act of 2017. |
2021(01)LCX0131 Madras high court B.M.Patel & Co |
Opportunity of personal hearing be given in all cases as per section 75(4) before imposing tax or penalty |
2021(03)LCX0179 Madras high court Tvl. Vectra Computer Solutions |
Opportunity of personal hearing be given in all cases as per section 75(4) before imposing tax or penalty |