Facts of the Case
The petitioner, M/s Lekcon Infrastructure Private Limited,
challenged an Order-in-Original dated 17.12.2025 passed by the
Additional Commissioner of Central Tax for the financial years 2018-19 to
2022-23. The assessment order was issued as a single composite order
covering multiple financial years under the GST Acts. The petitioner contended
that the order was illegal as it invoked Section 74 of the GST Act
without satisfying the statutory conditions, imposed 100% penalty without
justification, was partly barred by limitation, and was otherwise arbitrary
and unsustainable.
Issues Involved
- Whether
a single assessment order covering multiple financial years is
valid under Sections 73 and 74 of the CGST/APGST Act, 2017.
- Whether
proceedings initiated under Section 74 were legally sustainable in
the absence of the necessary ingredients.
- Whether
the impugned order imposing tax, interest and 100% penalty for multiple
years through one order was liable to be set aside.
Petitioner’s Arguments
- The
assessment order covering FY 2018-19 to FY 2022-23 through a single
order violated the statutory scheme of Sections 73 and 74 of the
GST Act.
- The
authorities wrongly invoked Section 74, although the ingredients
relating to fraud, wilful misstatement or suppression of facts were
absent.
- The
levy of 100% penalty lacked legal justification.
- The
assessment was arbitrary, beyond jurisdiction, partly barred by limitation
and unsustainable on merits.
- The
petitioner primarily pressed the legal ground that a single composite
assessment order for multiple financial years is impermissible under GST
law.
Respondent’s Arguments
The respondents defended the assessment order passed by the
tax authorities. However, the High Court examined the legal issue in light of
its earlier Division Bench judgment dealing with the validity of composite
assessment orders under the GST Acts.
Court Order / Findings
The Andhra Pradesh High Court observed that a Division
Bench in W.P. No.11028 of 2025 & batch had already held that:
- A single
show cause notice or
- A single
composite assessment order
cannot be issued for more than one tax period, namely:
- more
than one month, where assessment is before the due date for filing
the annual return; or
- more
than one financial year, where the due date for filing the annual
return has already expired.
Since the impugned assessment order covered multiple
financial years (2018-19 to 2022-23) through one order, it was contrary to
the statutory provisions interpreted by the Division Bench.
Accordingly, the High Court:
- Set
aside the assessment order dated 17.12.2025.
- Remanded
the matter to the GST authorities.
- Granted
liberty to the department to initiate fresh proceedings separately for
each assessment year.
- Directed
that the period between the date of the impugned order and receipt of the
High Court order shall be excluded while computing limitation.
- Left
all other grounds raised by the petitioner open for consideration in fresh
proceedings.
Important Clarification
This judgment reiterates that under the GST law:
- Separate
assessment proceedings should ordinarily be undertaken for each relevant
tax period.
- Composite
assessment orders covering multiple financial years are not legally
sustainable where the statutory framework requires separate proceedings.
- Setting
aside the composite order does not prevent the department from
initiating fresh proceedings in accordance with law for each assessment
year independently.
- The
Court protected the revenue by directing exclusion of the intervening
period while calculating limitation.
Sections Involved
- Section
73 of the Central Goods and Services Tax Act, 2017
- Section
74 of the Central Goods and Services Tax Act, 2017
- Article 226 of the Constitution of India
Link to Download the Order
https://www.mytaxexpert.co.in/uploads/1785408784_2421compressed.pdf
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