Facts of the Case
The petitioner, M/s. Pavan Kumar Reddy Bhumireddy, a
registered taxpayer under the GST laws, challenged a composite assessment
order dated 18.09.2025 issued by the Deputy Assistant Commissioner, State
Tax. The impugned order covered the assessment period from FY 2019-20 to FY
2023-24 and raised the following demands:
- Tax
Demand: ₹73,63,226 (CGST ₹36,81,613 + SGST
₹36,81,613) under Section 74 of the CGST/SGST Act, 2017.
- Interest:
₹35,42,164 (CGST ₹17,71,082 + SGST ₹17,71,082) under Section 50.
- Penalty:
₹73,63,226 (CGST ₹36,81,613 + SGST ₹36,81,613) under Section 74.
The petitioner filed a writ petition before the Andhra Pradesh High Court seeking quashing of the assessment order, interest demand, and penalty.
Issues Involved
- Whether
a single composite assessment order can legally be issued under the
GST law for multiple financial years.
- Whether
such a composite assessment order violates the provisions of Sections
73 and 74 of the CGST/SGST Act, 2017.
- Whether the assessment order was liable to be set aside and remanded for separate proceedings for each assessment year.
Petitioner’s Arguments
The petitioner contended that:
- The
assessment order was illegal because it combined multiple financial
years (2019-20 to 2023-24) into one assessment order.
- Such
a composite order was contrary to the statutory framework under Sections
73 and 74 of the CGST/SGST Act, 2017.
- The
petitioner relied upon the earlier judgment of the Andhra Pradesh High
Court in W.P. No.11028 of 2025 & batch, wherein the Court had
already held that separate assessment proceedings are required for
separate tax periods.
- Although several grounds were raised in the writ petition, the petitioner confined the challenge primarily to the illegality of the composite assessment order
Respondent’s Arguments
The respondents, represented by the Government Pleader for
Commercial Taxes, defended the assessment order.
However, the respondents could not dispute the legal position already laid down by the Division Bench of the Andhra Pradesh High Court regarding the impermissibility of issuing a single assessment order covering multiple assessment years.
Court Order / Findings
The Andhra Pradesh High Court observed that:
- The
issue was already settled by the Division Bench in W.P. No.11028 of
2025 & batch.
- A single
show cause notice or a single assessment order cannot be issued for more
than one tax period.
- Once
the due date for filing the annual return has expired, each financial
year constitutes a separate assessment period, requiring independent
proceedings.
- Since
the impugned assessment order covered five different financial years,
it was contrary to the provisions of the GST law.
Accordingly, the Court:
- Set
aside the composite assessment order dated 18.09.2025.
- Remanded
the matter to the tax authorities.
- Granted
liberty to the department to initiate fresh assessment proceedings
separately for each assessment year.
- Directed
that the period between the issuance of the impugned assessment order and
the receipt of the High Court's judgment shall be excluded while
computing limitation.
- Left all other legal grounds raised by the petitioner open for consideration in the fresh proceedings.
Important Clarification
This judgment reiterates that:
- GST
assessment proceedings cannot be clubbed for multiple financial years
through a single show cause notice or assessment order.
- Separate
tax periods require separate adjudication under the GST law.
- Tax
authorities must issue independent notices and independent assessment
orders for each assessment year where the annual return due date has
been reached.
- The decision strengthens procedural safeguards available to taxpayers against composite assessment proceedings.
Sections Involved
- Section
50 of the CGST/SGST Act, 2017 – Interest on delayed payment
of tax.
- Section
74 of the CGST/SGST Act, 2017 – Determination of tax
involving fraud, wilful misstatement or suppression of facts.
- Article 226 of the Constitution of India.
Link to Download the Order
https://www.mytaxexpert.co.in/uploads/1785407722_2420compressed.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment