M/S. Shukriya Travels P LTD. vs. Union Of INDIA
Held
The Court quashed the summons issued by the GST authorities. It held that the authorities should have first determined the tax liability and issued a show-cause notice before proceeding with summons.
Facts
The petitioners are travel agencies organizing Hajj and Umrah tours. They received summons from GST authorities for alleged non-payment of GST on services provided. The petitioners challenged these summons through writ petitions.
Key Issues
Whether GST authorities can issue summons without first determining tax liability and issuing a show-cause notice. Whether the summons were issued arbitrarily and without jurisdiction.
Sections Cited
Section 73
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945 WP(C) NO. 6524 OF 2018 PETITIONERS: 1 HAMZA P.C AL ARIF HAJJ ASSOCIATION, MARKAZ KHANKAHE NOORIYA BUILDING, NEAR MOULANA HOSPITAL, OOTY ROAD, PERINTHALMANNA - 679 322. 2 P.USMAN AL MARKAZ HAJJ UMRAH SERVICE, MARKAZ COMPLEX ANNEX, I.G. ROAD, KOZHIKODE - 673 004. 3 SYED FAZAL ALDROSE HASHIMI HAJJ UMRAH SERVICE, PEEKAY'S COMPLEX, VATANAPPILLY.P.O., THRISSUR -680 614. 4 P.M.ABDUL NAZAR AL FAROOQ HAJ SERVICE, 5/3410 T, 14 (A) 1ST FLOOR, RP MALL, MAVOOR ROAD, CALICUT - 673 004. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: 1 UNIN OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001. 2 THE SECRETARY MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK - 110 001. 3 THE SECRETARY MINISTRY OF MINORITY AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001. 4 THE SUPERINTENDENT PREVENTION OFFICE OF THE COMMISSIONER OF CENTRAL TAX & CENTRAL EXCISE, C.R. BUILDING, MANANCHIRA, CALICUT -673 001, KERALA. 5 THE
The judgment continues below.
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