Best Judgment Assessment Order withdrawn as Petitioner filed relevant returns in accordance with order of High Court

  • Home
  • Best Judgment Assessment Order withdrawn as Petitioner filed relevant returns in accordance with order of High Court

CA Bimal Jain | Oct 15, 2021 | Views 305638

Best Judgment Assessment Order withdrawn as Petitioner filed relevant returns in accordance with order of High Court

Best Judgment Assessment Order withdrawn as Petitioner filed relevant returns in accordance with order of High Court

In Associate Decor Ltd. v. Assistant Commissioner of Commercial Taxes, Bengaluru [Writ Petition No. 45290 of 2019 (T-RES) dated July 02, 2021] Associate Decor Ltd. (“the Petitioner”) has filed the current petition challenging the endorsement No. ACCT LGSTO-150/T.No.51/19-20 dated April 25, 2019 (“impugned endorsement”) which was issued by Assistant Commissioner of Commercial Taxes (“the Respondent”). Along with that, the Petitioner has also sought for a direction that the Respondent to withdraw all the best judgment assessment orders passed during the period of September 2017 to December 2018.

The Competent Authority had passed best judgment assessment orders under Section 62(1) of the Karnataka Goods and Services Tax Act, 2017 (“KGST Act”) by raising tax demand on the Petitioner, pursuant to which, current accounts of the Petitioner were attached accordingly. The Hon’ble Karnataka High Court, on a writ petition W.P.No.40360-40364/2018 being filed by the Petitioner ordered the lifting of attachment of current account noting that if the Petitioner was to file its returns in respect of goods, the attachment would be released in favour of him.

Thereafter, the Respondent issued the impugned endorsement dated April 25, 2019 observing that though the attachment and garnishee notices were withdrawn, the best judgment assessment order still stood valid. The Petitioner has thereby come to the Court aggrieved by the same.

The Hon’ble Karnataka High Court observed that time to file the return was granted to the Petitioner, but this Hon’ble Court vide its order dated February 13, 2019 extended the time within which returns were to be filed. Though, according to Section 62(2) of the KGST Act, a period of 30 days is provided for filing of returns, however, the same was extended by the court vide its February 13, 2019 order.

Further noted, that the return filed by the Petitioner was in terms of Section 62(2) of the KGST Act and it is for this reason, the best judgment assessment orders which were passed under Section 62(1) of the KGST Act would stand withdrawn. The impugned endorsement is therefore set aside and the return filed by the Petitioner under Section 62(2) of the KGST Act is directed to proceed in accordance with law.

(Author can be reached at [email protected])

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.

Join Studycafe's What's App Group or Telegram Channel for Latest Updates on Income Tax, GST, Companies Act, Judgements and CA, CS, ICWA, and MUCH MORE!"




Author Bio

My Recent Articles

HC Raps revenue for failing to act on a transitional-credit claim despite directions Quashed Service tax demand on movie exhibitor under the category of Business Support Service HC: Sets aside clarificatory circular taking away assesse’s substantive right by denying exemption on fish meal Income Tax deduction allowed by Karnataka High Court on loss suffered by assessee on Foreign Rate Fluctuation Initiation of Assessment Proceedings can’t be done if no incriminating material seized at time search View All Posts

Leave a Reply

Your email address will not be published. Required fields are marked *