HC dismissed audit report because the deadline to file reply to draft audit report was not given
- Blog|News|GST & Customs|
- < 1 minute
- By Taxmann
- |
- Last Updated on 22 December, 2022
Latest from Taxmann
Case Details: Simon India Ltd. v. CT and GST Officer, Cuttack-II Circle [2022] 145 taxmann.com 485 (Orissa)
Judiciary and Counsel Details
-
- Dr. S. Muralidhar, CJ. & M.S. Raman, J
- Jagabandhu Sahoo, Sr. Adv. for the Petitioner.
- Sunil Mishra Additional Standing Counsel for the Respondent.
Facts of the Case
In this case, the petition was filed to quash draft audit report and final audit report on the ground that no opportunity granted to the petitioner to file a reply to the draft audit report. The petitioner submitted that paradoxically, the draft audit report and the final audit report were issued on the same day.
High Court Held
The Honorable High Court noted that as per Section 65 of GST Act, audit shall be completed within a period of three months from the date of commencement of the audit. But, in the instant case, the deadline of three month period had already been crossed and the authorities issued both the draft audit report as well as the final audit report on the same day. Thus, the procedural requirement to give 30 days’ time to file a reply to the draft audit report was not followed. Therefore, the Court held that the final audit report was liable to set aside. However, the extension to complete audit was granted as otherwise it would lead to automatic quashing of draft audit report thereby rendering whole audit futile.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
