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TMI Blog2019 (9) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... nt basis set aside. The provision must be interpreted in the same manner as an exemption provision in a taxing statute. This Court may not be justified in granting an extension of the period contemplated under sub section (2) of Section 62, so as to enable the assessee to file a return beyond the said period for the purposes of getting the benefit of withdrawal of an assessment order passed on best judgment basis under Section 62(1) of the GST Act - the prayer sought for in the writ petition cannot be granted. Petition dismissed. - WP(C). No. 25067 OF 2019(G) - - - Dated:- 23-9-2019 - MR A. K. JAYASANKARAN NAMBIAR, J. For The Petitioner : ADVS. SRI. HARISANKAR V. MENON AND SMT. MEERA V. MENON ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in Section 62 for exercise of the power. 3. I have heard the learned counsel for the petitioner and Smt. Thushara James, the learned Government Pleader for the respondents. 4. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that as per provisions of Section 62 of the SGST Act, it is only in circumstances where an assessee refuses to furnish the particulars required for an assessment under the Act, through the filing of a return within time that the proper officer has to proceed to finalise the assessment on the best of his judgment, taking into account all relevant material which is available or which he has gathered for the said purpose. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drawn. 6. The submission of the learned counsel for the petitioner in the instant case however is that he cannot resort to even this procedure since even if he were to file returns within the period of 30 days specified in Section 62(2) of the SGST Act, he would not be able to pay the admitted tax liability on account of paucity of funds. 7. In my view, the statutory prescription of 30 days from the date of receipt of the assessment order passed under sub section (1) of Section 62 has to be strictly construed against an assessee and in favour of the revenue, since this is a provision in a taxing statute that enables an assessee to get an order passed against him on best judgment basis set aside. The provision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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