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Violation of principles of natural justice challenged through ...


Petition dismissed for violation of natural justice principles. Inadequate time given for GSTR mismatch reply. Adjournment denied due to no written reply.

August 6, 2024

Case Laws     GST     HC

Violation of principles of natural justice challenged through ex-parte demand order and show cause notice (SCN). Impugned SCN provided less time than stipulated u/s 73(2) of UP GST Act for submitting reply, citing mismatch in GSTR filed. Court held that adjournment application would have been entertained if petitioner had given written reply to SCN and then sought adjournment. Neither application dated 23.1.2024 nor 15.4.2024 received by respondents. Court opined law relied upon by petitioner's counsel from M/s Mohan Agencies case inapplicable. Petition dismissed.

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