Ramjilal Mohanlal vs. Union of India & Ors.
Facts:
Search and inspection proceedings were initiated against the petitioner on 06.01.2021 under Section 67(2) of the RGST Act pursuant to authorization issued by the Additional Commissioner. Based on the search proceedings, a show cause notice dated 30.03.2023 was issued and an order dated 05.06.2023 was passed by the proper officer. The petitioner filed an appeal under Section 107 of the RGST Act, which was dismissed on 11.12.2023 by the Appellate Authority.
Court Decision:
The High Court held that the authorization for inspection and search under Section 67 of the RGST Act was issued by the same officer who later acted as the Appellate Authority under Section 107 while deciding the appeal arising out of those proceedings. The Court observed that such dual exercise of power violates the principle of natural justice that no person should be a judge in his own cause.
Accordingly, the appellate order dated 11.12.2023 passed under Section 107 of the RGST Act was quashed and set aside. The matter was remanded back to the Appellate Authority with a direction that the appeal be decided afresh by a competent appellate authority other than the officer who authorized the search proceedings.
Other Case Law
Alstom Transport India Limited v. Additional Commissioner, CGST & Central Excise (Appeals)
Partial transfer of amalgamation credit through FORM GST ITC-02, with the retained balance separately claimed and encashed as an export refund, later reversed on departmental review. At issue: whether FORM GST ITC-02 is the sole route for such credit, and
Background. By NCLT order dated 10.08.2023, three entities including ...
Read MorePrahitha Construction — GST on Transfer of Development Rights under JDA
Whether transfer of Development Rights (TDR) by a landowner to a developer under a Joint Development Agreement (JDA) amounts to sale of land exempt under Entry 5 of Schedule III of the CGST Act, 2017, or constitutes a taxable supply of service under GST �
BackgroundPrahitha Construction Pvt. Ltd., a commercial real estate developer, e...
Read MoreIndian Medical Association, Kerala State Branch v. Union of India & Ors.
Challenge to constitutional validity of Sections 2(17)(e) and 7(1)(aa) of the CGST Act, 2017 (as amended by Finance Act, 2021) relating to taxation of services by clubs/associations to members. Issue of taxability under GST and validity of retrospective a
Facts:The petitioner association challenged GST liability on services rendered t...
Read More