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In Re: M/s. IL & FS Education and Technology Services Ltd.

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Author admin_gstPosted on June 20, 2018

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Trader fined Rs 6.29 lakh for GST violations in J-K’s Udhampur
Writ jurisdiction yields to statutory appeal where jurisdictional error and natural justice breach are not clearly established.
Parallel GST proceedings require the same subject matter; distinct periods and allegations kept the later action valid.
Effective personal hearing is mandatory on request; lack of prior notice vitiated the adjudication order for breach of natural justice.
Service tax demand on Form 26AS data alone fails where taxability and extended limitation are not lawfully established.
Proof of actual GST payment required before reimbursement claim can be examined under a government contract.
Unconstitutional tax levy refund attracts compensatory interest from deposit date until refund, with statutory refund limits inapplicable.
Natural justice breached when benchmark yield was fixed on undisclosed material; assessment orders were set aside and remanded.
Transitional input tax credit under Section 140 cannot be denied by reading Section 140(5) to override pre-appointed-day credit carry forward.
Writ maintainability and statutory pre-deposit: High Court sent the dispute to the functional appellate tribunal.

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