GST DAILY – 427 : Order to be set aside due to lack of the AO’s signature and DIN number: HC
THE HON’BLE ANDHRA PRADESH HIGH COURT in the Case of Sd Exports V/s State of AP, decided on 31-12-2024
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THE HON’BLE ANDHRA PRADESH HIGH COURT in the Case of Sd Exports V/s State of AP, decided on 31-12-2024
The Hon’ble Supreme Court in the case of Assistant Commissioner, CGST&Anr v.Novelty Reddy and Reddy Motors Pvt. Ltd. [SLP (C) No. 28105/2025, order dated October 13, 2025] stayed the operation of the Andhra Pradesh High Court judgment, which had set aside GST assessment orders and show cause notices for want of Document Identification Number (DIN).
THE HON’BLE ANDHRA PRADESH HIGH COURT IN THE CASE OF Sri Hanuma Enterprises V/s Assistant Commissioner of State Tax, decided on 4-12-2024
The Hon’ble High Court of Andhra Pradesh in the case of Arhaan Ferrous and Non Ferrous Solutions (P.) Ltd. held that a SCN Issued without containing a DIN would be non-est and invalid. Further, CBIC vide Circular No. 128/47/2019-GST dated December 23, 2019 stated that non-mention of a DIN would render SCN invalid.
CBIC issued Circular no. 249/06/2025-GST dated 09.06.2025 regarding Generation and quoting of Document Identification Number(DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers and other concerned persons.
The Hon’ble Andhra Pradesh High Court in the case of Raam Autobahn India (P.) Ltd. set aside the assessment order for non-compliance with the mandatory requirement of a DIN and held that as per the CBIC Circular No. 128/47/2019-GST dated December 23, 2019, any GST order issued without a DIN is non-est and invalid.
The Hon’ble Andhra Pradesh High Court in Sai Manikanta Electrical Contractors set aside the assessment order’s proceedings due to the absence of DIN which was mandatory vide Circular No. 122/41/2019-GST dated November 05, 2019 and Government of Andhra Pradesh, in Circular No. 02 of 2022 dated August 01, 2022. However, the Hon’ble Court granted liberty to the Department to proceed in accordance with law.
Show cause notice which is usually termed as SCN is a notice issued by the proper officer to the registered tax payer to explain or justify the claim of input tax credit or tax not paid and has violation of GST Law for a particular period.
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