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The HC quashed the impugned order for violating principles of ...


Impugned GST Order Quashed for Lack of Proper Show Cause Notice, Violating Natural Justice Principles.

January 2, 2025

Case Laws     GST     HC

The HC quashed the impugned order for violating principles of natural justice by not providing proper show cause notice and opportunity of hearing u/ss 73 and 75(4) of CGST/AGST Act. It held that summary of show cause notice without mentioning reasons cannot initiate proceedings u/s 73. The attachment containing tax determination u/s 73(3) cannot substitute show cause notice under 73(1). Proper show cause notice with reasons, statement under 73(3), and final order must be issued and digitally signed as per Rule 26(3). The HC granted liberty to initiate fresh proceedings.

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