9911796707
TMI Blog2022 (3) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act, the next course of action to be followed is to issue a notice under Section 74(1) of the Act. Under Section 74(1) notice is an independent notice to be issued in DRC-01, whereas the notice under Section 74(5) was to be issued in DRC- 01A. Herein the case in hand, admittedly DRC-01A was issued, thereafter straightaway the respondent revenue proceeded to pass the impugned assessment order - notice under Section 74(1) of the Act, which is also mandatory to be issued before passing the impugned order of assessment has not been issued in this case. In the absence of any such notice, the proceedings, which is culminated in the order of assessment, which is impugned herein, is, no doubt, vitiated. This Court has no hesitation t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an amount of ₹ 3,60,02,382/- (Rupees Three crores sixty lakhs two thousand three hundred and eighty two). When such notice was issued in DRC-01A, which is the notice necessarily to be issued under Section 74(5) of CGST Act, 2017(in short, 'the Act'), the said notice has been replied by the petitioner on 19.10.2020, not accepting the said proposal issued under the notice in DRC-01A. 4. Thereafter the respondent Revenue has passed the order dated 05.08.2021 under Section 75(1) of the Act, whereby, an assessment has been made, where not only ITC reversal under Section 74 of the Act, but also the penalty under Section 74(5) of the Act has been made, thereby, the assessment order has been issued with instructions that the ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the proceedings culminated in the impugned order is vitiated. 2.Only to this pointed query, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader seeks shorter accommodation to get instructions as to whether the Revenue has issued DRC-01 notice under Section 74(1) of the CGST Act before passing the order impugned. 3.In view of the limited controversy to be resolved as stated supra and to pass orders on this matter, post this matter on 10.02.2022 immediately after admission under the caption 'for orders'. 7. In view of the aforesaid, a specific query was raised on the basis of the ground urged by the petitioner's side as to whether any notice under Section 74(1) of the Act was issued before passing the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, has to serve a notice to pay the amount of tax along with interest payable under Section 50 and a penalty equivalent to 15% of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. 12. Therefore, what has been proposed by the revenue would be intimated by way of notice under Sub Section 5 of Section 74 of the Act initially to the assessee/dealer, who on receipt of the same may or may not accept and once he accepted there would be a conclusion. However, if he does not accept the proposal sent by the Revenue under Section 74(5) of the Act, the next course of action to be followed is to issue a notice under Section 74(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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