Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
The HC ruled that the 60-day limitation period under Section 62(2) of the GST Act for filing returns after a best judgment assessment is directory rather than mandatory. If an assessee fails to file returns within this period due to reasons beyond their control, authorities may condone the delay upon application with sufficient justification. The taxpayer would then be permitted to file returns after paying applicable interest, penalties, and charges. The Court held that the right to file returns cannot be categorically denied based solely on non-compliance with the 60-day timeframe. The petitioner was directed to file a delay condonation application within 15 days.
The HC ruled that the 60-day limitation period under Section 62(2) of the GST Act for filing returns after a best judgment assessment is directory rather than mandatory. If an assessee fails to file returns within this period due to reasons beyond their control, authorities may condone the delay upon application with sufficient justification. The taxpayer would then be permitted to file returns after paying applicable interest, penalties, and charges. The Court held that the right to file returns cannot be categorically denied based solely on non-compliance with the 60-day timeframe. The petitioner was directed to file a delay condonation application within 15 days.
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