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GST - Highlights / Catch Notes

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Validity of determination of tax under best judgment assessment ...


Petition Dismissed: Court Rules Failure to Appeal Ex-Parte Tax Assessment Bars Writ Petition on GSTR-3B Filing Validity.

March 23, 2024

Case Laws     GST     HC

Validity of determination of tax under best judgment assessment - The petitioner challenged an ex-parte assessment order arguing that their statutory return in Form GSTR-3B for March 2023 was valid and should take precedence over the assessment order. They also contended that financial constraints prevented timely filing of the return, leading to a best judgment assessment. However, the petitioner failed to avail themselves of the statutory remedy of filing an appeal against the assessment within the prescribed period. The court, citing precedent, concluded that the writ petition was not maintainable due to the petitioner's failure to exhaust the statutory remedy of appeal. As a result, the court dismissed the petition.

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