Legal Challenge Resolved: GST Show Cause Notice Partially Upheld with Four-Week Window for Petitioner's Response HC found the petitioner's request for time to respond to a GST show cause notice partially justified. The court quashed the previous order, restored the ...
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Legal Challenge Resolved: GST Show Cause Notice Partially Upheld with Four-Week Window for Petitioner's Response
HC found the petitioner's request for time to respond to a GST show cause notice partially justified. The court quashed the previous order, restored the notice, and directed the petitioner to appear before the tax officer within four weeks to submit relevant documents and respond to allegations, without commenting on the case's substantive merits.
Issues involved: The primary grievance of the Petitioner is the lack of adequate opportunity to defend the show cause notice.
Summary: The Petitioner, engaged in construction activity, received an intimation under section 61 of the Central Goods and Services Tax Act, 2017. Despite seeking time to revert with relevant documents, subsequent notices were issued, leading to a show cause notice under section 73 of the Act. The Petitioner's Chartered Accountant attended proceedings and requested time extensions, but non-compliance resulted in the impugned order. The Petitioner argued that more time was needed due to data collection challenges from scattered suppliers. The court found the Petitioner's request for time not entirely unreasonable, setting a timetable for disposal with a commitment from the Petitioner to comply within the specified period. The court quashed the impugned order, restored the show cause notice, and directed the Petitioner to appear before the concerned Officer on a specified date for adjudication within a four-week period. The Petitioner was instructed to submit its reply by a specified date, with the court clarifying that no comments were made on the merits of the petition.
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