Writ allowed; assessment and rectification orders quashed, matter remanded for de novo consideration subject to partial tax deposit
Case-Laws
GST
HC entertained the writ petition challenging rejection of a rectification application and the consequential assessment order, noting that the petitioner had failed to respond to the pre-assessment notice. Applying its consistent view in analogous matters, HC quashed the impugned assessment and rectification rejection orders and remitted the matter to the Assessing Authority for de novo consideration. The remand was made conditional upon the petitioner-assessee depositing a quantified portion of the disputed tax, between 25% and 100%, as determined with reference to the delay in approaching HC. The Assessing Authority was directed to afford the petitioner a reasonable opportunity of being heard and to pass a fresh, reasoned order in accordance with law. With these directions and conditions, the writ petition was disposed of.
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