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- Demand and Recovery
- Validity of SCN / Order
- Whether adjustment of tax demand can be made on a sub-judice matter ?
Whether adjustment of tax demand can be made on a sub-judice matter ?
Issue Favourable to Tax Payer ?:- yes
Held - After hearing both the parties and on perusal of the record, it appears that an identical issue has come up before the Tribunal in the case .....
Issue Favourable to Tax Payer ?:- yes
Held - Having considered the rival contentions, I find that the matter was still sub-judice, when the appellant had filed further appeal against th.....
Issue Favourable to Tax Payer ?:- yes
Held - Before us the Revenue had passed an original order. That confirmed a certain demand. That order was challenged in Appeal before the Tribunal.....
Issue Favourable to Tax Payer ?:- yes
Held - The important thing to be noted is that these amounts decided by the Orders-in-originals were not final. Every Order-in-Original can be appe.....
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether parallel audit/search proceedings are valid when proceedings are already initiated by other tax authorities ?
- Whether input tax credit is admissible if the invoice/debit note is missing in Form GSTR-2A/2B or tax remain unpaid by the supplier ?
- Whether penalty can be levied if goods are transported with expired / without e-way bill ?
- Whether input tax credit is eligible to recipient if Supplier's registration is cancelled retrospectively ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether amount demanded in final Order can exceed the amount proposed in the show cause notice ?
- Whether refund of unutilized input tax credit is allowed on closure of business?
- Whether tax can be demanded by authorities for a period which is already adjudicated ?
- Whether recovery proceedings can be initiated if rectification application filed by assessee under Section 161 is pending for disposal ?