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- Whether order / show cause notice is mandatory to communicate through GST portal or is valid when communicated by email / registered post etc. ?
Whether order / show cause notice is mandatory to communicate through GST portal or is valid when communicated by email / registered post etc. ?
Issue Favourable to Tax Payer ?:- yes
Held - Though Section 169 of the respective enactments allows the authorities to communicate any decision, order, summons, notice or other communication under this Act by any one of the methods specified, unless the proper conformation that notices and impugned orders which were uploaded in the web portal of the State Government in tngst.cid.tn.gov.in are auto populated, it cannot be said that there is a sufficient compliances of the aforesaid.....
Issue Favourable to Tax Payer ?:- yes
Held – A bare perusal of the aforesaid provision reveals that the only mode prescribed for communicating the show-cause notice/order is by way of uploading the same on website of the revenue.
It is trite principle of law that when a particular procedure is prescribed to perform a particular act then all other procedures/modes except the one prescribed are excluded. This principle becomes all the more stringent when statutarily prescrib.....
Issue Favourable to Tax Payer ?:- yes
Held – The only mode prescribed for communicating the show-cause notice/order is by way of uploading the same on website of the revenue. It is trite principle of law that when a particular procedure is prescribed to perform a particular act then all other procedures/modes except the one prescribed are excluded. This principle becomes all the more stringent when statutorily prescribed.
Statutory procedure prescribed for communicating sh.....
Issue Favourable to Tax Payer ?:- yes
Held - Subsequently, during the course of hearing of another writ petition, where the same issue came up for consideration, this court had occasion to interact with the officers of the GST department of the State, who were familiar with the technical aspects of uploading orders of the State authorities on the common web portal. It then became apparent that the assessment orders were not being simultaneously uploaded on the common web portal an.....
Issue Favourable to Tax Payer ?:- no
It is further submitted by the learned Government Pleader by placing reliance on Section 169 of the CGST Act that under the said provision the mode of communication of an order, by making it available on the common portal, is also a recognised method of communication of the order to an assessee as indicated in Section 169(2) of the Act. It is, therefore, her contention that inasmuch as the returns for the various months were filed with the Dep.....
- 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 ?