Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
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The HC set aside the impugned assessment order due to two fatal defects: absence of the assessing officer's signature and omission of the Document Identification Number (DIN). Relying on A.V. Bhanoji Row (2023), the court affirmed that an officer's signature on assessment orders is mandatory and cannot be rectified under Sections 160 & 169 of CGST Act, 2017. Additionally, following M/s. Cluster Enterprises (2024) and CBIC Circular No.128/47/2019-GST, the court held that omission of DIN number invalidates such proceedings. These procedural deficiencies rendered the assessment order legally untenable, resulting in its invalidation.
The HC set aside the impugned assessment order due to two fatal defects: absence of the assessing officer's signature and omission of the Document Identification Number (DIN). Relying on A.V. Bhanoji Row (2023), the court affirmed that an officer's signature on assessment orders is mandatory and cannot be rectified under Sections 160 & 169 of CGST Act, 2017. Additionally, following M/s. Cluster Enterprises (2024) and CBIC Circular No.128/47/2019-GST, the court held that omission of DIN number invalidates such proceedings. These procedural deficiencies rendered the assessment order legally untenable, resulting in its invalidation.
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