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GST - Highlights / Catch Notes

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Validity of assessment order - Violation of Stay Order against ...


Court Quashes Assessment Order Due to Stay Violation and Jurisdictional Conflict, Emphasizing Legal Protocols.

April 17, 2024

Case Laws     GST     HC

Validity of assessment order - Violation of Stay Order against the operation of a notification extending the period of limitation - The High Court acknowledges the petitioner's contention regarding the stay order. It notes that the impugned order was indeed passed during the pendency of a stay against the operation of the notification extending the period of limitation. This is a violation of the stay order, constituting a procedural irregularity. - Regarding the jurisdictional conflict, the Court concluded that without notification for cross-empowerment, authorities from one jurisdiction cannot initiate proceedings against an assessee assigned to the other jurisdiction. Thus, the impugned order was quashed, with liberty given to the State authorities to proceed in accordance with established legal principles.

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