Tvl Jb Associates vs. The Assistant Commissioner (St)
Original PDF →Facts
The petitioner failed to respond to a show cause notice hosted on the GST portal, leading to an ex-parte assessment order. The petitioner claimed the notice went unnoticed and presented evidence that their supplier's registration was still valid.
Held
The Court quashed the impugned assessment order and remitted the case back to the respondent for fresh assessment. The petitioner was directed to file a consolidated reply within 30 days.
Key Issues
Whether the assessment order passed without proper notice to the petitioner is valid, and if the petitioner's claim regarding the supplier's registration status warrants reconsideration.
Sections Cited
None
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER The petitioner is before this Court against the impugned order dated 12.03.2024 passed by the respondent for the Assessment Year 2019-2020. 2. By the impugned order, the respondent has confirmed the demand proposed in Form GST DRC - 01 dated 04.10.2023. The petitioner had failed to respond to the same.
It is the case of the petitioner that the show cause notice that preceded the impugned order was hosted in the GST common Web Portal and thus, went unnoticed. The learned counsel for the petitioner submits that the impugned order is predicated on the ground that the supplier of the petitioner on whose invoice the petitioner had availed input tax credit was non-existing. On the other hand, the learned counsel for the petitioner has produced a copy of the extract from the GST Web Portal to indicate that the Taxpayer's Registration is still subsisting and valid.
The learned Additional Government Pleader for the respondent on the other hand would submit that the Writ Petition is devoid of merits _____________ Page No. 2 of 5 https://www.mhc.tn.gov.in/judis as the petitioner has failed to participate in the proceedings. It is submitted that in any event, the petitioner has an alternate remedy by way of Appeal before the Appellate Authority.
Having considered the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent, I am inclined to dispose of this Writ Petition by remitting the case back to the respondent to pass a fresh order. The impugned order which stands quashed in this order shall be treated as Addendum to the show cause notice issued to the petitioner. The petitioner shall file a consolidated reply within a period of 30 days from today. The respondent shall proceed to pass fresh orders on merits and in accordance with law after hearing the petitioner within a period of two months thereafter.
In fine, this Writ Petition stands disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes/ No 30.07.2024 Neutral Citation: Yes / No Speaking Order / Non-Speaking Order smn2 _____________ Page No. 3 of 5 https://www.mhc.tn.gov.in/judis To The Assistant Commissioner (ST), Nethaji Road Assessment Circle, Commercial Taxes Building, IV Floor, Dr.Thangaraj Salai, Madurai - 625 020. _____________ Page No. 4 of 5 https://www.mhc.tn.gov.in/judis C.SARAVANAN
, J.
smn2
2024 _____________ Page No. 5 of 5 https://www.mhc.tn.gov.in/judis
Reproduced from the public record of the Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.