Petitioner challenged assessment orders citing lack of ...

GST assessment order set aside for fresh decision after procedural lapse, subject to partial deposit.

September 26, 2024

Case Laws     GST     HC

Petitioner challenged assessment orders citing lack of jurisdiction, as entire duty liability was discharged from ITC availed at import. Court rejected jurisdiction challenge based on precedent, holding respondent competent to pass order under circular and GST Act provisions. However, petitioner failed to provide proper reply with tabulations and documents when show cause notice issued. Court set aside impugned order, remitting case for fresh order on merits, subject to petitioner depositing 10% of balance amount excluding defect relating to 100% ITC adjustment, and 1% of tax liability u/s 86(b) of GST Rules within 30 days. Petition allowed.

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