Time-Barred GST Demand Quashed: Three-Year Limitation Under Section 73(10) Expired Before Order Issuance

Time-Barred GST Demand Quashed: Three-Year Limitation Under Section 73(10) Expired Before Order IssuanceCase-LawsGSTHC quashed an ex-parte demand order and show cause notice issued on 14.12.2023 for the financial year 2017-18 as time-barred under Section

Time-Barred GST Demand Quashed: Three-Year Limitation Under Section 73(10) Expired Before Order Issuance
Case-Laws
GST
HC quashed an ex-parte demand order and show cause notice issued on 14.12.2023 for the financial year 2017-18 as time-barred under Section 73(10). Following the precedent in M/s Anita Traders, the court determined that due to notification extensions, the three-year limitation period for orders under Section 73(9) expired on 05.02.2023. The court rejected arguments that the deadline extended to 31.03.2023, finding the impugned orders issued well beyond the prescribed limitation period and therefore void for lack of jurisdiction. The petition was allowed, with the challenged orders declared ultra vires for exceeding statutory time limitations.
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