GST Portal plays a pivotal role in GST law as it facilitates various compliances like filing of returns, tax payments, uploading of Notices and Orders by Revenue, viewing and replying to Notices by taxpayers, filing of appeals etc.
Vide this Outlook, we intend to apprise you
on multiple tabs / functionalities for viewing Notices and Orders.
As
putting Notices and Orders on GST Portal is a valid mode of service under GST
law, it is imperative for taxpayers to be aware of following tabs /
functionalities where such Notices and Orders can be uploaded by Revenue:
S.No. |
Tab |
Path |
Notices and Orders uploaded |
1 |
View
Notices and Orders Tab |
Services
>> User Services >> View Notices and Orders
|
Notices
and Orders like Notice for discrepancies in scrutiny of returns (ASMT-10),
Pre-SCN (DRC-01A), SCN (DRC-01), Order (DRC-07) etc.
|
2 |
Additional
Notices and Orders Tab
|
Services
>> User Services >> Additional Notices and Orders |
|
3 |
My
Saved / Filed Applications Tab |
Services
>> Refunds >> My Saved / Filed Applications
|
Notices
and Orders relating to discrepancies in refund applications like Deficiency
Memo (RFD-03), Notice for rejection of refund application (RFD-08), Refund
rejection Order (RFD-06). |
Taxpayers
need to be cognizant of such tabs to effectively act upon such Notices and
Orders.
As
there are multiple tabs on GST Portal, taxpayers must regularly check these
tabs so that they timely act on Notices and Orders.
In the
case of Sabari Infra Private Limited v. ACST, 2023-VIL-565-MAD, SCNs
were uploaded on ‘Additional Notices and Orders Tab’ instead of ‘View Notices
and Orders Tab’. The High Court held that due to complex architecture of GST
Portal, taxpayer missed noticing SCNs and thus could not furnish reply. The
Court set-aside ex-parte Order passed and remitted the matter back. Similar
ruling was also rendered in the case of East Coast Constructions and
Industries Limited v. AC (ST), 2023-VIL-694-MAD.
Further,
the Allahabad High Court in the case of Baghel Trading Company v. State of
UP, Writ Tax No. 1056 of 2023 has taken cognizance of issue
that whether service of Notices and Orders will qualify as communication
thereof or not. This matter will be heard in due course.
Although,
putting Notices and Orders on GST portal is a valid mode of service, GSTN
should consider introducing a single tab for uploading such Notices and Orders
and ensure sending E-mails & Messages whenever Notices and Orders are
uploaded.
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