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GST - Highlights / Catch Notes

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Challenge to adjudication order u/s 73(9) of CGST/WBGST Act, ...


Court dismisses petition challenging GST adjudication order for lack of hearing, directs filing appeal with costs.

Case Laws     GST

August 23, 2024

Challenge to adjudication order u/s 73(9) of CGST/WBGST Act, 2017 - petitioners claimed no opportunity of hearing, violating principles of natural justice and CBIC circular. Court held petitioners' response was considered by proper officer as noted in order. Sufficiency of response cannot be subject matter of writ petition under Article 226. Though petitioners claimed violation of statutory provisions by not affording hearing, it was an afterthought as they did not file appeal within limitation period or approach Court expeditiously. Court granted leave to prefer appeal on payment of costs, subject to filing within two weeks. Petition disposed of.

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