Raja Abhishek For NIRC 2024
3 months ago
š° š§šæš¶š½ššæš® šš¶š“šµ šš¼ššæš š¦šš²š½š šš»: šš¦š§ š„š²š“š¶šššæš®šš¶š¼š» š¦ššš½š²š»šš¶š¼š» šØš»š±š²šæ šš¶šæš²!
š¢ The court observes, "The vague and cryptic show-cause notice issued without any specific details of the contravention has left the petitioner's business in jeopardy since February 2023."
š šš®š°šš: šš®šš² š§š¶šš¹š²: Tejaswita Motors vs. State of Tripura šš®šš² š”ššŗšÆš²šæ: W.P.(C) No. 269/2023 šš®šš²: 01-May-2023
ššššš²: The petitioner, a regular GST taxpayer, faced suspension of their GST registration following a show-cause notice issued on February 21, 2023, due to non-payment of tax, interest, or penalty. However, the notice lacked specifics, making it impossible for the petitioner to respond adequately, which led to the suspension.
š£šæš¼š°š²š²š±š¶š»š“š: Despite appearing before the proper officer, the petitioner did not receive the necessary clarification regarding the contravention. As a result, the petitioner's business suffered, and they approached the High Court, arguing that Section 29(2) of the TSGST Act does not allow suspension solely for non-payment.
ā šš¼ššæš'š šš¶šæš²š°šš¶š¼š»: The Tripura High Court directed the petitioner to appear again before the officer on May 6, 2023. The court ordered the officer to make a decision based on law after granting the petitioner a personal hearing. If the suspension was unjustified, it was to be revoked within one week; otherwise, the petitioner could seek further legal remedies.
š This case emphasizes that suspension actions under GST law must be backed by specific contraventions and cannot be vague, protecting taxpayers' rights under Article 19(1)(g) of the Constitution. Team GSTpanacea 7503031378
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