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The HC quashed the order passed u/s 73 of the CGST Act by the ...


Lack of reasoning & non-application of mind by tax officer leads to quashing of order under GST Act.

December 26, 2024

Case Laws     GST     HC

The HC quashed the order passed u/s 73 of the CGST Act by the Assistant Commissioner due to lack of reasoning, non-application of mind, and violation of principles of natural justice. The Assistant Commissioner adopted an identical template, merely stating that the reply filed was "not comprehensible, conceivable, not perspicuous and is ambiguous" without any substantive reasoning, despite previous cautions against using such a template. The HC held that this exhibited an abject non-application of mind and failure to make amends despite earlier directions.

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