Topic

Alternate Remedy

4 articles

Indirect Tax & GST

More than three years after her husband died, the GST Department issued his widow a Show Cause Notice proposing a penalty for his alleged acts. She argued Section 93 of the CGST Act only lets proceedings already begun in a taxpayer's lifetime continue after death — not begin afresh. The Delhi High Court disagreed, upheld the provision against an Article 14 challenge, and ordered the Department to explain what it is still doing with ₹15.4 lakh in seized cash.

13 min read
Indirect Tax & GST

A script-services company facing a ₹10.57 crore input tax credit demand argued that a state GST officer's proceedings were barred because the Directorate General of GST Intelligence had already investigated it — and that investigation had since concluded. The Delhi High Court disagreed on every ground: the statutory appeal was never filed, the writ came two years late, and the two notices, issued under different sections for different reasons, were never the same subject matter to begin with.

13 min read
Indirect Tax & GST

When a single Order-in-Original runs to 1,881 pages and names 629 firms and individuals in an alleged fake-invoicing racket, does an individual noticee's claim that its reply was never considered open the door to a writ petition? The Delhi High Court says no — and distinguishes the Supreme Court's ASP Traders on the ground that a mass adjudication order is not the same as an unreasoned order against a single assessee.

14 min read
Indirect Tax & GST

A GST demand order recited that personal hearing was 'not applicable' and was signed off while the taxpayer's sixty-day window to pay up and avoid penalty was still open. The Bombay High Court quashed it on both grounds, held the alternate remedy of a statutory appeal no bar, and ordered the department to recover its Rs. 50,000 cost from the officer who passed the order.

14 min read