Petitioner challenged the show-cause notice (SCN) in Form GST ...

Petitioner challenges GST rate hike notice, court rules mere issuance not unlawful, right to reply and appeal available.

Case Laws     GST

September 9, 2024

Petitioner challenged the show-cause notice (SCN) in Form GST DRC-01, alleging that respondents sought to levy GST at 28% instead of the prevalent 18% rate paid since 2017. The court held that mere issuance of the SCN to the petitioner and not to counterparts cannot be deemed unlawful. Writ jurisdiction cannot be invoked solely based on the SCN issuance, as the petitioner has the right to file a reply and be heard before any order is passed. Furthermore, any order passed by the authorities is appealable under the CGST Act. Consequently, the writ petition lacked merit and was dismissed.

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