2025 (1) TMI 1020 - HC - GST

Challenge to assessment orders - proceedings does not contain the signature of the assessing officer and also DIN number on the impugned assessment orders - no DIN numbers on the impugned assessment orders. Absence of signatures - HELD THAT - The effect of the absence of the signature on an assessment order was earlier considered by this Court in the case of A.V. Bhanoji Row Vs. The Assistant Commissioner (ST) 2023 (2) TMI 1224 - ANDHRA PRADESH HIGH COURT . A Division Bench of this Court had held that the signature on the assessment order cannot be dispensed with and that the provisions of Sections-160 169 of the Central Goods and Service Tax Act 2017 would not rectify such a defect. Following this Judgment another Division Bench of this Court in the case of M/s. SRK Enterprises Vs. Assistant Commissioner 2023 (12) TMI 156 - ANDHRA PRADESH HIGH COURT had set aside the impugned assessment order. Non-inclusion of DIN number on proceedings - HELD THAT - The question of the effect of non-inclusion of DIN number on proceedings under the G.S.T. Act came to be considered by the Hon ble Supreme Court in the case of Pradeep Goyal Vs. Union of India Ors 2022 (8) TMI 216 - SUPREME COURT . The Hon ble Supreme Court after noticing the provisions of the Act and the circular issued by the Central Board of Indirect Taxes and Customs (C.B.I.C.) had held that an order which does not contain a DIN number would be non-est and invalid. In view of the aforesaid judgments and the circular issued by the C.B.I.C. the non-mention of a DIN number and absence of the signature of the assessing officer in the impugned assessment order would have to be set aside. Petition allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the absence of the assessing officer's signature on the assessment orders under the Goods and Service Tax Act, 2017, renders such orders invalid.
Whether the non-inclusion of a Document Identification Number (DIN) on the assessment orders affects their validity.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Absence of Signature on Assessment Orders

Relevant Legal Framework and Precedents: The assessment orders in question were issued under the Goods and Service Tax Act, 2017. The court referred to earlier judgments, notably the case of A.V. Bhanoji Row Vs. The Assistant Commissioner (ST), where it was determined that the absence of a signature on an assessment order cannot be overlooked. Sections 160 and 169 of the Central Goods and Service Tax Act, 2017, were considered, but deemed insufficient to rectify the defect of a missing signature.
Court's Interpretation and Reasoning: The court upheld the principle that a signature is an essential component of a valid assessment order. The absence of a signature signifies a lack of authentication and authority, rendering the order invalid.
Key Evidence and Findings: The court noted the absence of signatures on the assessment orders in question, as confirmed by the Government Pleader for Commercial Tax.
Application of Law to Facts: Applying the legal principle from previous judgments, the court concluded that the assessment orders lacking signatures were invalid.
Treatment of Competing Arguments: The court did not identify any substantial competing arguments that could justify the absence of a signature on the assessment orders.
Conclusions: The court concluded that the absence of the assessing officer's signature invalidated the assessment orders.

Issue 2: Non-Inclusion of Document Identification Number (DIN)

Relevant Legal Framework and Precedents: The court referred to the judgment in Pradeep Goyal Vs. Union of India & Ors, where the Supreme Court held that an order without a DIN is non-est and invalid. The court also considered a circular issued by the Central Board of Indirect Taxes and Customs (C.B.I.C.) which mandates the inclusion of a DIN.
Court's Interpretation and Reasoning: The court interpreted the absence of a DIN as a significant procedural defect that undermines the validity of the assessment orders.
Key Evidence and Findings: The absence of a DIN on the assessment orders was acknowledged by the Government Pleader for Commercial Tax.
Application of Law to Facts: The court applied the precedent from the Supreme Court and the C.B.I.C. circular, determining that the lack of a DIN invalidated the assessment orders.
Treatment of Competing Arguments: The court did not present any competing arguments that could justify the omission of a DIN.
Conclusions: The court concluded that the non-inclusion of a DIN rendered the assessment orders invalid.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The absence of the signature of the assessing officer, on the assessment order, would render the assessment order invalid." "An order, which does not contain a DIN number would be non-est and invalid."
Core Principles Established: The court established that both the signature of the assessing officer and the inclusion of a DIN are essential for the validity of assessment orders under the GST Act.
Final Determinations on Each Issue: The court set aside the impugned assessment orders due to the absence of the assessing officer's signature and the non-inclusion of a DIN. The court granted liberty to the respondent to conduct a fresh assessment, ensuring compliance with the necessary procedural requirements.

In conclusion, the High Court of Andhra Pradesh invalidated the assessment orders due to procedural defects, specifically the absence of the assessing officer's signature and the lack of a DIN, reaffirming the necessity of these elements for the validity of such orders under the GST Act. The respondent was allowed to reissue the orders with proper compliance, excluding the period from the date of the original orders to the receipt of this judgment from the limitation period.

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