Writ challenge to GST assessment remanded, appeal delay condoned on 10% cash deposit under Section 107

Writ challenge to GST assessment remanded, appeal delay condoned on 10% cash deposit under Section 107Case-LawsGSTHC considered a writ petition challenging the impugned assessment order and consequential Order in Form GST DRC-07, preceded by a SCN in Form

Writ challenge to GST assessment remanded, appeal delay condoned on 10% cash deposit under Section 107
Case-Laws
GST
HC considered a writ petition challenging the impugned assessment order and consequential Order in Form GST DRC-07, preceded by a SCN in Form GST DRC-01. The statutory limitation under Section 107 of the GST enactments for filing an appeal had expired by the time the petition was instituted. Noting earlier precedents where delayed challenges led to remand on conditions of partial tax deposit, HC adopted a similar approach. The impugned order and consequential demand were set aside, and the matter was remitted to the Respondent authority for fresh adjudication, subject to the Petitioner depositing 10% of the disputed tax in cash from the electronic cash ledger within thirty days. Petition disposed.
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