Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
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The HC allowed the writ petition, holding that the impugned assessment order violated Rule 142(1A) of the CGST Rules, 2017 and principles of natural justice by failing to serve a prior show-cause notice; the Court adhered to its consistent jurisprudence that non-issuance of the requisite notice vitiates the assessment process. The HC set aside Order-in-Original No.70/2024-25-GST dated 25.02.2025 and remanded the matter to the assessing authority for completion of assessment in accordance with law after issuance of the necessary notice. The period from the date of the impugned order until receipt of the HC order is excluded for limitation. Petition allowed by remand.
The HC allowed the writ petition, holding that the impugned assessment order violated Rule 142(1A) of the CGST Rules, 2017 and principles of natural justice by failing to serve a prior show-cause notice; the Court adhered to its consistent jurisprudence that non-issuance of the requisite notice vitiates the assessment process. The HC set aside Order-in-Original No.70/2024-25-GST dated 25.02.2025 and remanded the matter to the assessing authority for completion of assessment in accordance with law after issuance of the necessary notice. The period from the date of the impugned order until receipt of the HC order is excluded for limitation. Petition allowed by remand.
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