Validity of Service of notice u/s 74(5) instead of u/s 74(1) of ...

Notice Under CGST/UPGST Act Invalidated Due to Missing Show Cause Notice Procedure for Unpaid Tax.

April 27, 2024

Case Laws GST HC

Validity of Service of notice u/s 74(5) instead of u/s 74(1) of CGST / UPGST Act, 2017 - Non-payment of Tax / GST - The High Court observed that while a notice was issued to the petitioner under Section 74(5) of the Act on June 4, 2021, asserting tax liability, the procedure mandated by Section 74(7) of the Act, which requires issuance of a show cause notice under Section 74(1) upon non-payment of tax, was not followed. Given the failure to issue a proper show cause notice to the petitioner, the court concluded that the impugned orders lacked a legal basis.

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Validity of Service of notice u/s 74(5) instead of u/s 74(1) of ...

Notice Under CGST/UPGST Act Invalidated Due to Missing Show Cause Notice Procedure for Unpaid Tax.

April 27, 2024

Case Laws GST HC

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