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

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

2025(09)LCX0006

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.

2025(04)LCX0198

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.

2025(01)LCX0560

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

2024(01)LCX0066

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