Latest GST Judgments

For Full Access To All Latest Judgments on GST
Click Here To Subscribe Now
Take a tour of our GST Library

By way of present petition under Article 226 of the Constitution of India, the petitioner has challenged the order passed by the respondent by which, application filed by the petitioner to refund the amount paid towards the GST came to be rejected mainly on the ground that order has been passed in violation of principle of natural justice and being a non-speaking and cryptic order. The respondent authority is directed to decide the case afresh after giving an opportunity of hearing to the petitioner and in accordance with law.

Section 54 of the CGST Act, 2017— Refund -– The petitioner challenged the order dated 13.7.2021, whereby, the application filed for refund under Section 54 of the Act was rejected, mainly on the ground that order has been passed in violation of principle of natural justice and being a non-speaking and cryptic order. The court observed that the order has been passed on those grounds which were never mentioned in the show cause notice. Even the petitioner was not granted an opportunity to meet with the grounds, upon which, the impugned order has been passed.

Held that:- The Hon’ble High Court quashed the order and directed the respondent authority to decide the case afresh after giving an opportunity of hearing to the petitioner and in accordance with law. The said decision shall be taken within a period of 12 weeks.

Professional services available Audit Management
Tax Lok English Viedo
Tax Lok Hindi Viedo
Check Your Tax Knowledge
Youtube
HR Consulting services

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.