Radiant Cash Management Services Ltd. Vs Assistant Commissioner (ST) (Madras High Court)
This article in context of the judgement RADIANT CASH MANAGEMENT SERVICES LTD (W.P. No. 2981 of 2024 and W.M.P. Nos. 3246 & 3247 of 2024) given by the Hon’ble Madras High Court on 11-03-2024 in regard to the Assessment Order levying the Demand of Tax – Proceedings on that Demand of Tax have been dropped by issuing the ASMT-12 after being satisfied with explanation furnished by the Petitioner in form ASMT-11.
The petitioner challenged the Assessment Order levying the Tax, Interest and penalty. The demand of the Assessment Order except amount of interest and penalty is the same demand as proposed in the ASMT-10.
Facts of the Case
In relation to assessment year 2017-2018, the petitioner received a notice in Form ASMT-10 alleging discrepancies in returns filed by the petitioner. The notice was replied to by the petitioner on 22.09.2023. Thereafter, an order dated 27.09.2023 was issued in Form ASMT-12 dropping the proceedings upon being satisfied with the petitioner’s explanation. The show cause notice dated 22.09.2023 was issued prior thereto. Therefore, the petitioner replied on 18.10.2023 and pointed out that proceedings initiated pursuant to notice in Form ASMT-10 were dropped by issuing an order in Form ASMT-12 on 27.09.2023. The impugned assessment order was issued, in these facts and circumstances, on 29.12.2023.
Grounds before the Court
That the demand amount as per the Assessment Order towards IGST, CGST and SGST is the same demand as proposed in ASMT-10. The authorities accepted the petitioner’s reply and recorded that no further action is required to be taken in that matter. The ASMT-12 was issued accordingly. The petitioner contended the impugned assessment order is unsustainable.
Court’s Order
