TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tax Assessment Quashed: Procedural Fairness Prevails, Order Set Aside with Directive for Personal Hearing and Partial Payment</h1> <h3>Kandasamy Sivaprakash, Proprietor, M/s. Shiva Automobiles Accessories Versus The Assistant Commissioner (ST), The Branch Manager, Chennai</h3> Kandasamy Sivaprakash, Proprietor, M/s. Shiva Automobiles Accessories Versus The Assistant Commissioner (ST), The Branch Manager, Chennai - TMI Issues:1. Violation of principles of natural justice in passing the assessment order without affording an opportunity of personal hearing.2. Freezing of the petitioner's bank account based on communication from the first respondent.3. Request for quashing the assessment order and communication dated 25.09.2024.Analysis:Issue 1: Violation of principles of natural justiceThe petitioner, a retailer, received a Show Cause Notice under Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017, alleging discrepancies in returns filed. The petitioner clarified the errors in the reply but the first respondent passed the assessment order without granting a personal hearing. The court held that the assessment order was passed in violation of natural justice principles. The order was quashed, and the petitioner was granted an opportunity for a personal hearing.Issue 2: Freezing of the petitioner's bank accountSubsequent to the assessment order, the first respondent sent a communication to the second respondent, resulting in the freezing of the petitioner's bank account. The court noted that the freezing of the account adversely impacted the petitioner's business activities. Consequently, the court ordered the lifting of the bank account freeze upon the petitioner producing proof of payment of 10% of the disputed tax amount.Issue 3: Request for quashing assessment order and communicationThe petitioner sought the quashing of the assessment order and the communication dated 25.09.2024. The court granted the relief by quashing both the assessment order and the communication. The matter was remanded back to the first respondent for fresh consideration, with the condition that the petitioner pays 10% of the disputed tax amount within four weeks. The petitioner was directed to file a reply within two weeks of making the payment, and the first respondent was instructed to consider the reply and pass appropriate orders after affording a personal hearing.In conclusion, the court quashed the assessment order and communication, directing a fresh consideration by the first respondent with specific conditions. The petitioner's bank account freeze was lifted upon compliance with the payment condition. The judgment aimed at upholding principles of natural justice and ensuring a fair process in tax assessment matters.
TaxTMI 