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Can 1st Appellate Authority go beyond the grounds mentioned in Order of Adjudicating Authority

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..... Can 1st Appellate Authority go beyond the grounds mentioned in Order of Adjudicating Authority
Query (Issue) Started By: - Rekha Arya Dated:- 16-4-2022 Last Reply Date:- 16-4-2022 Goods and Servic .....

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..... es Tax - GST
Got 1 Reply
GST
Refund ( ITC on Export of service) rejection order passed by jurisdictional officer mentioned only one ground with respect to "distinct person " which i .....

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..... s now squarely settled by Circular No. 161/17/2021-GST dated 20th September 2021. During the course of appeal hearing , 1st Appellate Authority raised observation related to additional ground of inte .....

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..... rmediary services. Can Appellate Authority go beyond the grounds mentioned in refund rejection order ? Note : The show cause notice issued by Jurisdictional officer had asked explanation on intermedi .....

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..... ary service to which due reply was submitted and Order only covered single ground - SP and SR are distinct person and thus not export. Reply By KASTURI SETHI: The Reply: Q. Can Appellate Authority g .....

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..... o beyond the grounds mentioned in refund rejection order ? Answer is YES as the Appellate Authority has not gone beyond the ambit of SCN. The issue of 'intermediary' was taken up in the SCN b .....

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..... ut was not discussed by the Adjudicating authority in Order-in-Original. The Appellate Authority has taken up this very issue in OIA de jure. Moreover, there is no restriction on accepting additiona .....

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..... l grounds at appellate stage.
Discussion Forum - Knowledge Sharing .....

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