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2024 (4) TMI 57 - HC - GSTRecovery notices and bank attachment orders - Validity of assessment order - No opportunity of being heard - discrepancies between the GSTR 3B return and the GSTR 2B return - HELD THAT:- On perusal of the impugned assessment order, it is evident that the tax liability and interest and penalty was levied in respect thereof. By taking into account the fact that about 50% of the tax liability was recovered by making an appropriation from the petitioner's bank account, it is just and necessary to provide the petitioner an opportunity of being heard. Solely for that reason, the impugned order calls for interference. Impugned order is set aside and the matter is remanded for reconsideration. The petitioner is permitted to submit a reply to the show cause notice within a period of 15 days from the date of receipt of a copy of this order by annexing all relevant documents. Upon receipt thereof, the respondent is directed to provide a reasonable opportunity to the petitioner, including a personal hearing, and thereafter issue a fresh order within a period of two months from the date of receipt of the petitioner's reply. In view of the assessment order being quashed, the bank attachment stands raised. The writ petition is disposed of on the above terms.
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