Indian GST litigation series, part one: proceedings for assessment
In the Indian goods and services tax (GST), an assessment order must be passed within the period fixed under the relevant statute. This poses a challenge to officers as they seek to complete the adjudication of demand notices promptly. In any case, the adjudication process cannot bypass principles such as fair play that are ingrained in India’s legal system. Therefore, disputes between the Indian Revenue Service and taxpayers regarding adjudication will remain an eternal issue.
Distinctively in GST law, the proceedings prior to the issuance of show cause notices are completely codified. The authors are of the opinion that the principles applicable to an adjudication process can be extended to proceedings leading up to the issuance of show-cause notices/demand notices.