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2024 (9) TMI 163

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..... f CGST/WBGST Act 2017 - HELD THAT:- It is noticed that the petitioner was duly served with the show cause notice prior to passing of the adjudication order dated 30th December, 2023, by the proper officer for the tax period 2017-18 to 2022-23. It is true that the Form GST DRC-01 had not been uploaded on the portal, however, since Section 169 of the CGST/WBGST Act, 2017 contemplates service of noti .....

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..... Ekta Sinha For the respondent CGST CX ORDER 1. The petitioner by alleging that without issuance of show cause in Form GST DRC-01 and without uploading the same on the portal, a determination had been made by the respondents on 30th December, 2023 under Section 73(9) of CGST/WBGST Act 2017 (hereinafter referred to as the said Act ), has filed this writ petition. 2. Mr. Banerjee, learned advocate ap .....

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..... e show cause notice prior to passing of the adjudication order dated 30th December, 2023, by the proper officer for the tax period 2017-18 to 2022-23. It is true that the Form GST DRC-01 had not been uploaded on the portal, however, since Section 169 of the CGST/WBGST Act, 2017 contemplates service of notice by e-mail communication, I am of the view that there is no irregularity on the part of the .....

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..... erty to prefer an appeal from the order dated 30th December, 2023, upon the summary of the order and Form GSTDRC 07 being uploaded on the portal. For all practical purpose, the date of uploading of the order shall be treated as revised date of communication of the order on the petitioner. 7. With the above observations and directions the writ petition is disposed of. 8. Let the copies of the show .....

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