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Validity Of Order passed u/s 73 - Denial of ITC with respect to ...


Court Orders Reconsideration of ITC Denial and Refund After Retrospective GST Cancellation and Coercive Deposit Concerns.

April 25, 2024

Case Laws     GST     HC

Validity Of Order passed u/s 73 - Denial of ITC with respect to the suppliers whose GST registration has been cancelled retrospectively - The petitioner sought the right of cross-examination of witnesses and documents but was denied due to time constraints. Additionally, the petitioner raised the issue of a coercive deposit of Rs. 20 Lakhs during a search and survey, which was not addressed in the impugned order. The High Court acknowledged the potential prejudice caused by the denial of cross-examination and directed the proper officer to reconsider both the ITC denial and the refund of the coercive deposit. The Court left all rights and contentions open and allowed the petition with a limited order of remit to the proper officer.

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