There is power to initiate fresh proceedings under Service tax despite coming into force of the Goods and Services Tax Act, 2017.
Writ petition— In the instant case, petition has been filed challenging the show cause notice and the impugned summons as well as the consequential proceedings emanating therefrom.
The Petitioner submits that the old assessments for the period 2015 to 2017 cannot be reopened in the year 2021. He emphasises that after the repeal of the Chapter V of the Finance Act, 1994 by the Goods and Services Tax Act, 2017, there is no power to initiate any fresh proceeding under the repealed Act i.e. Chapter V of the Finance Act, 1994.
Respondent submits that this Court in Vianaar Homes (P.) Ltd. v. Asstt. Commissioner has held that there is power to initiate fresh proceedings under Chapter V of the Finance Act, 1994 despite coming into force of the Goods and Services Tax Act, 2017.
Held that— Keeping in view the aforesaid, it is directed that proceedings pursuant to the impugned Show Cause Notices and summons shall continue but the final orders shall not be given effect to till disposal of the writ petition.
There is power to initiate fresh proceedings under Service tax despite coming into force of the Goods and Services Tax Act, 2017.
Writ petition— In the instant case, petition has been filed challenging the show cause notice and the impugned summons as well as the consequential proceedings emanating therefrom.
The Petitioner submits that the old assessments for the period 2015 to 2017 cannot be reopened in the year 2021. He emphasises that after the repeal of the Chapter V of the Finance Act, 1994 by the Goods and Services Tax Act, 2017, there is no power to initiate any fresh proceeding under the repealed Act i.e. Chapter V of the Finance Act, 1994.
Respondent submits that this Court in Vianaar Homes (P.) Ltd. v. Asstt. Commissioner has held that there is power to initiate fresh proceedings under Chapter V of the Finance Act, 1994 despite coming into force of the Goods and Services Tax Act, 2017.
Held that— Keeping in view the aforesaid, it is directed that proceedings pursuant to the impugned Show Cause Notices and summons shall continue but the final orders shall not be given effect to till disposal of the writ petition.