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Validity of Show cause notice (SCN) for GST demand - ...


GST Demand Notice Invalid Due to Missing Components in FORM GST DRC-01; High Court Quashes Proceedings.

January 9, 2024

Case Laws     GST     HC

Validity of Show cause notice (SCN) for GST demand - Transitional credit - The purpose of Section 73 and 74 of the JGST Act are entirely different from each other and the proceedings under either of the section can be initiated as the foundational facts do suggest. Thus, FORM GST DRC-01 being ‘Summary of Show Cause Notice” does not constitute a proper Show Cause Notice as the mandatory ingredients are absent. Thus, on this score alone, the impugned show-cause notice is fit to be quashed. - HC

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