Imperial Shipping Service Vs Assistant Commissioner (ST) (Madras High Court)
In a significant ruling, the Madras High Court has set aside a GST assessment order, emphasizing the necessity for tax authorities to consider the replies of assessees to notices issued in Form GST ASMT-10. This judgment arose from the case between Imperial Shipping Service and the Assistant Commissioner (ST), highlighting critical procedural adherence in GST assessments.
Detailed Analysis
Case Background
The petitioner, Imperial Shipping Service, challenged an original order dated November 20, 2023. This order was the culmination of a tax assessment process initiated by a notice in Form GST ASMT-10 issued on April 20, 2023. The petitioner responded to this notice on May 25, 2023, explaining the non-reversal of Input Tax Credit (ITC) due to credit notes issued by the supplier being duly reflected in their returns.
Petitioner’s Argument
The petitioner contended that despite responding to the notice in Form GST ASMT-10, the tax authorities proceeded without considering their reply. The petitioner argued that their response, submitted in Form ASMT-11, should have been integral to the assessment process. The petitioner’s counsel highlighted that the issue was related to the net ITC value, which was correctly reported in their annual return.
