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Madras HC: GST Best Judgment Assessment Under Section 74 Invalid Without Statutory Power

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Summary

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  • The Madras High Court has quashed GST assessment orders against wholesale dealers, ruling that Section 74 of the CGST Act does not authorize best-judgment assessments based on limited sales data.
  • The court emphasized that taxation powers require a clear statutory basis, rejecting extrapolation of short-period data without supporting evidence.
  • While the request for cross-examination was denied, the court found no prejudice to the petitioners as they admitted the authenticity of the retrieved data.
  • This ruling underscores the need for strict adherence to statutory provisions in tax assessments, leaving assessees at risk of prosecution for non-compliance with record-keeping obligations.

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