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- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
Issue Favourable to Tax Payer ?:- yes
Held - Notices under section 73(1) of the Act of 2017 at Annexure-2 in the respective writ petitions are in the standard format and neither any par.....
Issue Favourable to Tax Payer ?:- yes
Held that - It is evident that in terms of Sections 70(4) & (5) in case an adverse order is to be passed against the assessee, the assessee is .....
Issue Favourable to Tax Payer ?:- yes
Held - Under Section 67 of the JGST Act two summary of show cause notice in Form DRC-01 were issued, one for the period from 01.07.2017 to 13.8.201.....
Issue Favourable to Tax Payer ?:- yes
Held - In the absence of a proper show-cause notice the petitioners herein have been denied proper opportunity to defend themselves of the charges......
Issue Favourable to Tax Payer ?:- yes
Held - Order has been passed in violation of principles of natural justice inasmuch as no show cause notice as envisaged in Section 73 or 74 of the.....
Issue Favourable to Tax Payer ?:- yes
Held - We may also note that with effect from 15.10.2020 i.e., after the impugned show cause notice was issued, Rule 142(1A) has undergone a change.....