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- Validity of SCN / Order
- Whether Show Cause Notice / Order issued without any Document Identification Number (DIN) is valid ?
Whether Show Cause Notice / Order issued without any Document Identification Number (DIN) is valid ?
Issue Favourable to Tax Payer ?:- no
Held - The language in this provision of law makes it abundantly clear that the power granted under this provision is only the power to issue instructions to the taxation authorities. Such instructions would be binding on the taxation authorities. Violation of such instructions may invalidate the orders passed by the taxation authorities. Such violation would not result in the orders becoming void. Once the orders .....
Issue Favourable to Tax Payer ?:- yes
Held: In view of the aforesaid judgments and the circular issued by the C.B.I.C., the non-mention of a DIN number in this show-cause notice, which was uploaded in the portal, requires this show-cause notice to be set aside. Accordingly, this Writ Petition is disposed of setting aside the show-cause notice, dated 08.05.2025, passed by the 1st respondent, with liberty to the 1st respondent to conduct fresh assessment, after giving notice t.....
Issue Favourable to Tax Payer ?:- yes
Held - The question of the effect of non-inclusion of DIN number on proceedings, under the G.S.T. Act, came to be considered by the Hon’ble Supreme Court in the case of Pradeep Goyal Vs. Union of India & Ors 2022 (63) G.S.T.L. 286 (SC). The Hon’ble Supreme Court, after noticing the provisions of the Act and the circular issued by the Central Board of Indirect Taxes and Customs .....
Issue Favourable to Tax Payer ?:- yes
Held - Before parting it is also necessary to observe that the impugned order is also bad in law, inasmuch as, from perusal of show-Cause notice dated 15.07.2020 (Annexure-3 ) and the rejection order of refund dated 31.07.2020 (Annexure-6), it would transpire that there is no DIN quoted on those Notice/Order, and as such those Notice/Order are invalid and deemed to have never been issued as per the Circular No. 122/41/2019-GST dated 05.11.2019.....
- 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 ?