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Issues: Whether the objection to the invocation of Section 74 of the CGST/SGST Acts was required to be considered by the adjudicating authority as a preliminary issue, after considering the petitioner's reply to the show cause notice.
Analysis: The writ petition was disposed of with a direction that the petitioner's reply to the show cause notice shall be considered before final adjudication. The Court also directed that any objection regarding the applicability of Section 74 of the CGST/SGST Acts, if raised, must be examined by the adjudicating authority as a preliminary issue and decided before proceeding further with the adjudication. The petitioner was also to be given an opportunity of hearing before orders are passed.
Conclusion: The objection to invocation of Section 74 was permitted to be raised and decided first as a preliminary issue, in favour of the petitioner.