Delhi High Court Rules GST Notice Uploaded Late Due to Glitch is Time-Barred
The Delhi High Court held that generating a show-cause notice internally before the statutory deadline is insufficient if it is uploaded late on the portal due to technical issues. The court emphasized that communication under Section 169 requires timely service, rendering delayed notices invalid under Section 73(2).
Effective Not specified in the update
For professionals: Internal generation of a demand document before the limitation period expires does not satisfy the statutory mandate for timely issuance under Section 73(2). Communication of the notice must strictly follow the provisions of Section 169 to be legally valid. Any notice failing to reach the recipient or portal within the prescribed limitation window is time-barred and legally unenforceable, protecting taxpayers from delayed demands. · Tax professionals should advise clients that departmental technical system failures do not extend statutory limitation periods, and notices uploaded late due to glitches can be challenged as time-barred.
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