Service of SCN

WHETHER THE CGST DEPARTMENT WAS FUNCTIONAL IN FIRST HALF OF APRIL 2020..i.e. FIRST LOCK DOWN

The ST dept is claiming that they issued a SCN on 12.04.2020...but no such notice was served to the client..

Is there any Notification  or circular indicating that the Revenue  Dept was not functioning normally in first lockdown..

 

Replies (6)
Quick Summary
This discussion explores whether the CGST department was functioning during the initial lockdown period in April 2020, specifically questioning the validity of a Show Cause Notice (SCN) allegedly issued on April 12th, 2020, when the client claims no such notice was received. It highlights that nationwide lockdowns generally imply departmental non-functionality and that the burden of proof for service lies with the department. The advice suggests challenging proceedings due to improper service, which would render them null and void, and exploring options like appeals or writ petitions on grounds of natural justice violations.

In a nationwide lockdown, even if there is no CBIC notification, it is deemed that department was not functioning.

Anyway, once your client alleges that notice was not served, bonus shifts to department to prove it was served. and any proceedings without proper service of notice will e a nullity.

The department  is not ready to show Acknowledgement of the registered post..

They say u want then file appeal..pay 7.5% pre deposit..

Fight till CESTAT

File writ petition directly on grounds of violation of natural justice and article 14 along side gst act provisions
Did you have some official order or anything else. Ask for DIN or SCN No. to track details.

DIN gives detail only of issuing department..

it does not help to track whether  notice was served

 

I do have SCN No. ..is there any way to track the details

Track it from CBIC website

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