Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
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The HC quashed and set aside the assessment orders dated 28.02.2025 and held that for assessment periods prior to 15.10.2020 the pre-condition of service of notice in Form GST DRC-01A under Rule 142(1A) is mandatory; consequently an assessment made without such notice is invalid. The matter is remitted to the assessing authority to initiate fresh assessment proceedings after issuance of notice in Form GST DRC-01A and to pass consequential orders only after affording the petitioner an opportunity of hearing. The petition is allowed; parties are anonymized as petitioner and assessing authority/respondents for all ensuing proceedings.
The HC quashed and set aside the assessment orders dated 28.02.2025 and held that for assessment periods prior to 15.10.2020 the pre-condition of service of notice in Form GST DRC-01A under Rule 142(1A) is mandatory; consequently an assessment made without such notice is invalid. The matter is remitted to the assessing authority to initiate fresh assessment proceedings after issuance of notice in Form GST DRC-01A and to pass consequential orders only after affording the petitioner an opportunity of hearing. The petition is allowed; parties are anonymized as petitioner and assessing authority/respondents for all ensuing proceedings.
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