Fair market value under section 50C must reflect existing property condition, not hypothetical development, and statutory valuation steps must be foll...
The HC held that initiation of fresh proceedings on an issue already adjudicated is impermissible; any error apparent on the record must be rectified under Section 161 of the GST Act by the department. The petitioner was wrongly subjected to fresh proceedings culminating in the impugned order, which was subsequently rejected. The Court suo motu impleaded the Deputy Commissioner, GST Appeal, as a party and quashed the impugned order. The second respondent was granted liberty to pass an appropriate order incorporating the proposed demand after providing the petitioner a hearing. The writ petition was accordingly disposed of.
The HC held that initiation of fresh proceedings on an issue already adjudicated is impermissible; any error apparent on the record must be rectified under Section 161 of the GST Act by the department. The petitioner was wrongly subjected to fresh proceedings culminating in the impugned order, which was subsequently rejected. The Court suo motu impleaded the Deputy Commissioner, GST Appeal, as a party and quashed the impugned order. The second respondent was granted liberty to pass an appropriate order incorporating the proposed demand after providing the petitioner a hearing. The writ petition was accordingly disposed of.
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