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- Whether GST registration can be cancelled due to non-filing of reply to show cause notice ?
Whether GST registration can be cancelled due to non-filing of reply to show cause notice ?
Issue Favourable to Tax Payer ?:- yes
Held - In our view, the order dated 19.04.2022 does not qualify as an order of cancellation of registration. On one hand, it states that the registration is liable to be cancelled and on the other, in the column at the bottom there are no dues stated to be due against the petitioner and the table shows nil demand.
We notice that the Show Cause Notice and the impugned order are b.....
Issue Favourable to Tax Payer ?:- yes
Held - Since it is the petitioner’s case that he had closed the business in Delhi with effect from 31.03.2022, the petitioner could not be expected to file any returns thereafter. Undisputedly, a tax payer is entitled to close his business and seek cancellation of the GST registration.
As noticed above, the cancellation of the GST registration is not an issue, the issue re.....
Issue Favourable to Tax Payer ?:- yes
Held - It is the petitioner’s case that it had stopped business on account of ill-health and had sought cancellation of his GST Registration with effect from 20.11.2020. Thus, there is no question of the petitioner being available at the principal place of business after he had ceased to carry on any business.
The petitioner is not aggrieved by cancellation of his GST Registration; he is aggrieved because the registration has bee.....
Issue Favourable to Tax Payer ?:- yes
Held - In the present case also the Assessing Authority, the respondent no. 1 without considering the grievance of the petitioner had cancelled the certificate only on the ground that the petitioner has not submitted reply to the show cause and the Appellate Authority has dismissed the appeal of the petitioner on the ground that the appeal is barred by limitation and not filed through online process.
This Court finds that the judgment re.....
Issue Favourable to Tax Payer ?:- yes
Held - Learned counsel for the petitioner submits that since he has not been heard while passing the order dated 23.01.2021 as such the present petitioner is also entitled for the benefit of the order passed by this Court in Writ Tax No.145 of 2022 (Technosum India Pvt. Ltd. Lucknow Vs. Union of India and others) dated 26.09.2022. In the said judgment, the Court has held that the impugned order does not assign any reason whatsoever for cancell.....
Issue Favourable to Tax Payer ?:- yes
Held - Learned counsel for the petitioner submits that since he has not been heard while passing the order dated 16.09.2019, as such the present petitioner is also entitled for the benefit of the order passed by this Court in Writ Tax No.145 of 2022 (Technosum India Pvt. Ltd. Lucknow Vs. Union of India and others) dated 26.09.2022. In the said judgment, the Court has held that the impugned order does not assign any reason what.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- 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 recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?