Jurisdictional defect in assessment where the same officers issued audit observations and later passed the ex parte orders.

Jurisdictional defect in assessment where the same officers issued audit observations and later passed the ex parte orders.Case-LawsGSTThe High Court held that an officer who had earlier issued audit observations could not thereafter pass the ex parte …

Jurisdictional defect in assessment where the same officers issued audit observations and later passed the ex parte orders.
Case-Laws
GST
The High Court held that an officer who had earlier issued audit observations could not thereafter pass the ex parte assessment order on the same matter. As the impugned adjudication orders were made by those very officers, the Court found the assessment to be without proper jurisdiction and quashed both the adjudication orders and the consequential recovery proceedings, including bank attachment. The matter was remitted to a proper officer for fresh consideration from the stage of reply to the show-cause notices.
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