Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The HC, in a challenge to a best-judgment assessment under s.62 of the GST Act, held that s.62(2) operates to deem any order under s.62(1) withdrawn where the registered person furnishes valid returns within 30 days of service of the assessment and pays the tax and late fee; compliance here meant the assessment dated 07.02.2024 is deemed withdrawn and cannot form the basis for tax collection. The writ petition was disposed of by setting aside the assessment dated 07.02.2024. The ruling also clarifies no requirement of separate intimation to the proper officer for the deeming clause to operate and leaves it open to the 2nd Respondent to initiate assessment steps if deemed necessary.
The HC, in a challenge to a best-judgment assessment under s.62 of the GST Act, held that s.62(2) operates to deem any order under s.62(1) withdrawn where the registered person furnishes valid returns within 30 days of service of the assessment and pays the tax and late fee; compliance here meant the assessment dated 07.02.2024 is deemed withdrawn and cannot form the basis for tax collection. The writ petition was disposed of by setting aside the assessment dated 07.02.2024. The ruling also clarifies no requirement of separate intimation to the proper officer for the deeming clause to operate and leaves it open to the 2nd Respondent to initiate assessment steps if deemed necessary.
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