Omission of Sections 73 and 74 in GST: Section 74A applies from 2024-25, assessment set aside and remitted.
Case-Laws
GST
Sections 73 and 74 of the GST statute were omitted effective 01.04.2024, so Section 74A governs assessments from financial year 2024-2025; therefore actions premised on the omitted provisions lack jurisdiction. A show cause notice and assessment issued purporting to act under the old provision but referencing the new provision reflected non-application of mind and procedural confusion, causing prejudice to the taxpayer; consequently the High Court set aside the impugned assessment as passed without jurisdiction and remitted the matter for fresh adjudication, directing treatment of the assessment as a notice under the correct provision.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =