Just a moment...
AI-powered research trained on the authentic TaxTMI database.
Launch AI Search →Powered by Weblekha - Building Scalable Websites
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
<h1>Quash of DRC-07 summary order issued after DRC-01A; mandatory issuance of DRC-01 required, case remitted</h1> HC set aside the impugned order dated 14.02.2025 because the authority issued a Form DRC-01A and proceeded to a summary order in Form DRC-07 without first ... Valid service of SCN - issuance of notice in in Form DRC-01A without issuing notice in Form DRC-01 - HELD THAT:- In this case, the respondent has issued a notice in Form DRC- 01A on 05.12.2024 and without issuing a notice in Form DRC-01, the respondent issued a summary order in Form DRC-07, which is also evident from perusing the records. Before issuing summary order in Form DRC-07, it is mandatory to issue notice in Form DRC-01. If any notice is issued without issuing Form DRC-01, it is not in accordance with law and the same is liable to be set aside. The impugned order dated 14.02.2025, passed by the respondent is set aside - The petitioner is directed to file a reply by treating the notice in Form DRC-01 as show cause notice, within a period of four weeks from the date of receipt of a copy of this order. Petition disposed off. The respondent issued a notice in Form DRC-01A on 05.12.2024 and, without issuing the mandatory Form DRC-01, proceeded to pass a summary order in Form DRC-07 dated 14.02.2025. The court held that issuance of Form DRC-07 'before issuing notice in Form DRC-01' is impermissible and that any notice issued without issuing Form DRC-01 is 'not in accordance with law and the same is liable to be set aside.' Orders: (i) the impugned order dated 14.02.2025 is set aside; (ii) the petitioner is directed to file a reply 'by treating the notice in Form DRC-01 as show cause notice' within four weeks from receipt of the order; (iii) on receipt of the reply, the respondent shall consider it, issue a clear 14-day notice fixing a personal hearing date, and thereafter pass appropriate orders on merits and in accordance with law, after hearing the petitioner, expeditiously. No costs.