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Tax assessment order set aside due to defects in show cause ...


Milk manufacturer's tax assessment revoked over flawed show cause notice, Covid-19 impact oversight.

Case Laws     GST

October 4, 2024

Tax assessment order set aside due to defects in show cause notice, failure to consider Covid-19 impact on business operations. Taxpayer engaged in milk manufacturing faced stagnation of goods, requiring excess electricity consumption for storage despite low sales. Respondent failed to consider vital aspects explained by taxpayer regarding disparity between turnover and electricity units consumed. High Court remanded matter for reconsideration by respondent after finding violation of principles of natural justice by not considering taxpayer's reply and supporting documents adequately before alleging suppression of sales.

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