Section 62 of the CGST Act, 2017—Assessment Order - The petitioner during the period December 2017 to March 2018, had not undertaken any work. However, a project loan was taken by it for business purposes from DHFL, for which, DHFL charged Rs. 16.00 crores as loan processing fees along with GST @ 18% i.e. Rs. 2.88 crores and issued two invoices dated 30.12.2017 and 28.03.2018. Since no work was done, the petitioner did not file its return for the period due to ignorance of law The department passed an assessment order on 28.09.2018 raising a total demand of Rs. 3,30,76,800/-, The petitioner claimed that since it had not made outward supply of service, they are not liable to pay GST. The petitioner preferred an appeal but the Appellate Authority, dismissed the appeal on 25.01.2020 The petitioner prayed for setting aside the appellate order dated 25.01.2020 and for quashing of the assessment order dated 02.08.2018. The court observed that the impugned assessment order passed suffers from a serious lacuna due to non-issuance of notice under section 46 of the Act. The action of the Respondent had led to blocking of ITC to the tune of Rs. 2.88 crores. The Appellate Authority has failed to take note that the assessment order itself suffers from serious infirmities for non-compliance of principles of natural justice and procedural requirement

Held that:- The Hon’ble High Court quashed the impugned assessment order dated 02.08.2018 and also the Summary of the Order contained in DRC-07 dated 01.10.2018 and the appellate order dated 25.01.2020. Consequently, ITC of the petitioner amounting to Rs. 2.88 crores lying blocked shall be unblocked.