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HC allowed the petition. It held that non-granting of ...


Opportunity for Cross-Examination Mandatory in CGST Penalty Cases: HC Allows Writ.

January 21, 2025

Case Laws     GST     HC

HC allowed the petition. It held that non-granting of opportunity to cross-examine witnesses whose statements were relied upon by the Adjudicating Authority to impose penalty u/s 74(9) of the CGST Act violated principles of natural justice. The HC observed that Section 107(11) of the Act does not empower the Appellate Authority to remand the case for such violations, necessitating invoking writ jurisdiction under Article 226 of the Constitution.

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