Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

HC affirmed ITAT's order regarding service of notice through ...


Electronic Portal Notice Service Invalidated: Procedural Defects Render Ex-Parte Order Unsustainable Under Section 282

April 7, 2025

Case Laws     Income Tax     HC

HC affirmed ITAT's order regarding service of notice through electronic portal. The court held that uploading notice on ITBA portal without explicit consent or actual email communication does not constitute valid legal service. Following precedential principles, the court determined that electronic service via e-portal without direct recipient confirmation fails to meet procedural requirements under Section 282 of Income Tax Act and Rule 127 of Income Tax Rules. Consequently, ex-parte dismissal of appellant's appeal was deemed improper, with HC setting aside lower appellate authorities' orders as illegal and directing reconsideration of the original appeal on merits.

View Source

 


 

You may also like:

  1. HC set aside ex parte assessment order due to violation of natural justice principles. The order was passed without proper service of show cause notice, as notices were...

  2. HC held that service of notice/order via common portal is valid under GST Act. Section 169(1)(d) independently provides for electronic service through common portal,...

  3. HC held that systematic failure to provide personal hearing violates principles of natural justice under Section 75(4) of GST Act, 2017. The ex-parte assessment and...

  4. HC held that uploading GST show cause notices solely in the 'Additional Notices and Orders' portal tab without clear navigation instructions constituted improper service....

  5. Common Goods and Services Tax Electronic Portal - www.gst.gov.in - Notification

  6. Electronic refund of service tax paid on taxable services used for exports of goods - Trade Notice

  7. ITAT adjudicated a tax reassessment case involving procedural irregularities in notice service. The tribunal found that the Revenue department failed to substantiate...

  8. HC invalidated reassessment proceedings against the petitioner under Section 148A, finding a critical procedural defect. The AO's notice failed to substantiate the claim...

  9. HC condoned 142-day delay in filing GST appeal where appellant demonstrated reasonable cause due to belated service of demand notice. While notice was uploaded on GST...

  10. HC set aside GST assessment order due to absence of assessing officer's signature, holding it as a fatal procedural defect. The court determined that signature...

  11. ITAT invalidated reassessment proceedings due to jurisdictional defects in notice issuance under s.148. ITO Ward 3(2), Bulandsahar transferred assessee's records to ITO...

  12. The HC held that service of notice by uploading on web portal alone without resorting to other prescribed modes u/s 169 of Tamil Nadu GST Act 2017 is not valid...

  13. CESTAT allowed the appeal, setting aside service tax demands predicated solely on Form 26AS without substantive evidence of service provision. The tribunal consistently...

  14. Export of service or not - Since because the ultimate beneficiary is abroad, it cannot be claimed that the appellants are exporting services. Neither the place of...

  15. Classification of services - renting of immovable property service or Support Services of Business and Commerce - assessee has rendered composite services whereas as per...

 

Quick Updates:Latest Updates