GST DAILY – 206

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HC quashes assessment order as it didn’t satisfy ingredients of Section 74 of CGST Act

The Hon’ble Madras High Court in the case of Balaji Electrical & Hardwares vs. State Tax Officer (ST), Date of Judgement :15-02-2024

👉 Issue:-

✔️ Can attachment order stay if Assessee was unaware of intimation of show cause notice and assessment order u/s 74 ?

👉 The Hon’ble High Court Judgement:-

✔️ Where AO had issued an assessment order under section 74 but such order did not satisfy ingredients of section 74, impugned assessment order was to be set aside and subject to condition that assessee remit 10 per cent of disputed tax demand, fresh assessment order was to be passed after providing opportunity of hearing to assessee.

Section 74 of Central Goods And Services Tax Act, 2017