Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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Sections 73 and 74 of the GST statute were omitted effective 01.04.2024, so Section 74A governs assessments from financial year 2024-2025; therefore actions premised on the omitted provisions lack jurisdiction. A show cause notice and assessment issued purporting to act under the old provision but referencing the new provision reflected non-application of mind and procedural confusion, causing prejudice to the taxpayer; consequently the High Court set aside the impugned assessment as passed without jurisdiction and remitted the matter for fresh adjudication, directing treatment of the assessment as a notice under the correct provision.
Sections 73 and 74 of the GST statute were omitted effective 01.04.2024, so Section 74A governs assessments from financial year 2024-2025; therefore actions premised on the omitted provisions lack jurisdiction. A show cause notice and assessment issued purporting to act under the old provision but referencing the new provision reflected non-application of mind and procedural confusion, causing prejudice to the taxpayer; consequently the High Court set aside the impugned assessment as passed without jurisdiction and remitted the matter for fresh adjudication, directing treatment of the assessment as a notice under the correct provision.
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