Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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HC dismissed the writ petition challenging tax recovery proceedings. The petition contested the validity of recovery notice issued on 13.02.2025 for tax, interest, and penalty, alleging procedural irregularities including non-constitution of GST Tribunal and non-compliance with pre-deposit requirements under Section 112(8). Upon filing of a reply affidavit by the Excise & Taxation Officer, the court rendered the petition infructuous, effectively maintaining the original tax demand without substantive adjudication of the underlying legal challenges.
HC dismissed the writ petition challenging tax recovery proceedings. The petition contested the validity of recovery notice issued on 13.02.2025 for tax, interest, and penalty, alleging procedural irregularities including non-constitution of GST Tribunal and non-compliance with pre-deposit requirements under Section 112(8). Upon filing of a reply affidavit by the Excise & Taxation Officer, the court rendered the petition infructuous, effectively maintaining the original tax demand without substantive adjudication of the underlying legal challenges.
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