Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
HC partially dismissed the petition under Section 161 of the respective GST enactments challenging levy of penalty under Section 74(9) for belated payment of admitted SGST/CGST. The petitioner, having discharged the tax on specified dates, was granted limited liberty to file a statutory appeal against the impugned order dated 14.08.2023 within 30 days from receipt of this order, conditional upon deposit of 25% of the disputed tax amount plus interest attributable to the belated payment. Upon production of proof of such payment, the Appellate Authority is directed to entertain and decide the appeal on merits without reverting to the question of limitation. Petition disposed.
HC partially dismissed the petition under Section 161 of the respective GST enactments challenging levy of penalty under Section 74(9) for belated payment of admitted SGST/CGST. The petitioner, having discharged the tax on specified dates, was granted limited liberty to file a statutory appeal against the impugned order dated 14.08.2023 within 30 days from receipt of this order, conditional upon deposit of 25% of the disputed tax amount plus interest attributable to the belated payment. Upon production of proof of such payment, the Appellate Authority is directed to entertain and decide the appeal on merits without reverting to the question of limitation. Petition disposed.
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