Taxpayer Wins Challenge Against Arbitrary Tax Demand Exceeding Original Show-Cause Notice Under Section 75(7)
Case-Laws
GST
HC allowed the petition, finding a violation of Section 75(7) of GST Act. The tax authority issued a show-cause notice for Rs. 45,66,398 but subsequently raised a demand of Rs. 68,07,953, which exceeded the original notice amount. The court held that this contravened statutory provisions regarding tax determination. The petitioner's claim of being unaware of the notice due to its placement in an 'Additional Notices and Orders' tab was considered valid. The court emphasized that the demand must not surpass the amount specified in the original notice, rendering the impugned order unsustainable. The judgment upheld principles of natural justice and statutory compliance.
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