SAUMITRA DAYAL SINGH, SURENDRA SINGH I
Meerut Development Authority – Appellant
Versus
Goods And Service Tax – Respondent
JUDGMENT
Saumitra Dayal Singh and Surendra Singh-I, JJ.
Heard Sri. Suyash Agarwal, learned counsel for the petitioner, Shri. Gaurav Mahajan, learned counsel for respondent No.3 and Sri. Ankur Agarwal, learned counsel appearing on behalf of respondent Nos.4 and 5. Sri. Gopal Verma, learned counsel for respondent nos. 1 and 2.
2. In connected Writ Tax No.1393 of 2023, following submissions were noted:
3. In the present case, it has further been submitted that the further impugned notification No.56 of 2023 dated 28th December, 2023, has been issued only under the Central GST Act, 2017, that too, w
Notifications issued under GST must have prior approval from the GST Council, and time limits for issuing show cause notices are strictly enforced.
Notifications under GST must comply with statutory requirements and obtain necessary approvals; extensions for issuing notices must be justified.
Notifications issued under GST laws must comply with statutory requirements, including obtaining necessary approvals, or they may be deemed invalid.
Procedural fairness is essential in tax proceedings; failure to provide notice of personal hearing invalidates the order.
Parties must be provided a fair opportunity to respond to administrative notices, with procedural compliance mandated to ensure just outcomes.
Fair opportunity to respond to proceedings must be ensured in administrative actions under taxation laws.
Notifications extending deadlines under GST must follow procedures set by the GST Act, particularly Section 168A, or face legal challenges.
The court held that issuance of show cause notices without providing fair opportunity to the petitioner infringes the principles of natural justice, warranting a remand for reassessment.
Procedural fairness requires that parties receive adequate notice and opportunity to respond before demands or penalties are enforced by administrative authorities.
The court ruled that personal hearing rights depend on a formal request by the assessee, and decisions on limitation for appeals under special statutes cannot be easily extended without valid justifi....
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