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GST - Highlights / Catch Notes

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The Delhi High Court addressed a case involving a violation of ...


Court Sets Aside Ex-Parte Order Due to Breach of Natural Justice, Allows Response to Show Cause Notice on ITC Claim.

May 22, 2024

Case Laws     GST     HC

The Delhi High Court addressed a case involving a violation of principles of natural justice due to an ex-parte demand created under section 73 of the CGST Act, 2017. The petitioner failed to respond to a Show Cause Notice regarding excess claim of Input Tax Credit (ITC) and scrutiny of ITC availed. The court held that the impugned order was solely based on the lack of reply to the Show Cause Notice. As there was no Annexure-B provided by the Respondents, the court granted the petitioner an opportunity to respond to the Notice. Consequently, the order dated 12.12.2023 was set aside, and the Show Cause Notice was remitted to the Proper Officer for re-adjudication. The petition was disposed of through remand.

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