The Hon’ble Madras High Court in the case of M/s S.R.S. Construction v. The State Tax Officer (Data Analytics) [Writ Petition (MD) Nos. 16214 & 16276 of 2024 dated July 19, 2024] set aside the orders which have been signed by the same officer in dual capacity, holding that such orders are liable to be set aside.
Facts:
M/s S.R.S. Construction (“the Petitioner”)had challenged the Assessment Orders dated February 23, 2024 (“the Impugned Order”) passed under Section 74 of the Central Goods and Services Act, 2017 (“the CGST Act”) for the assessment years 2020-21 and 2021-22 (“the Impugned Period”) Impugned Orders were passed by the same individual in the capacity as State Tax Officer (Data Analytics) (Intelligence Wing), Virudhunagar and Commercial Tax Officer.
Held:
The Hon’ble Madras High Court in the case of [Writ Petition (MD) Nos. 16214 & 16276 of 2024 taking into consideration the fact that the Department is not in a position to clarify as why the same officer has signed the respective Impugned Order under two different heads, thereby, the Impugned Orders was set aside the matter was remitted back for reconsideration.
CLICK HERE FOR OFFICIAL JUDGMENT COPY
(Author can be reached at info@a2ztaxcorp.com)
DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose and for the reader’s personal non-commercial use. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon. Further, no portion of our article or newsletter should be used for any purpose(s) unless authorized in writing and we reserve a legal right for any infringement on usage of our article or newsletter without prior permission.
Share this content: