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TaxTMI AI Drafter workflow from input facts to final legal draft Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

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        Case ID :

        2026 (6) TMI 994 - HC - GST

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        Natural justice in GST adjudication: writ declined, disputed facts left for appeal after substantial compliance was found. A writ challenge to a Section 73 GST adjudication order was declined on grounds of substantial compliance with natural justice: the court found the record ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Natural justice in GST adjudication: writ declined, disputed facts left for appeal after substantial compliance was found.

                              A writ challenge to a Section 73 GST adjudication order was declined on grounds of substantial compliance with natural justice: the court found the record showed the show cause notice, reminders and adjournment notice, and rejected the claim that the hearing date was unknown. It also noted that the supplementary notice was not time-barred and that the demand in the impugned order corresponded with the proposed demand. As the remaining objections turned on disputed facts requiring evidence, the court directed the petitioner to pursue the statutory appeal, with a direction that any appeal filed within three weeks be heard on merits without a limitation objection.




                              Issues: Whether the writ petition challenging the adjudication order under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017 warranted interference on the grounds of alleged notice of the adjournment hearing and alleged violation of Section 75(7), and whether the petitioner should be relegated to the appellate remedy.

                              Analysis: The dashboard entries showed the original show cause notice, subsequent reminders, and the adjournment notice dated 17.12.2025. On the material placed, the contention that the petitioner was unaware of the notice and hearing date was found unconvincing, and the objection based on natural justice was rejected on the ground of substantial compliance. The Court also noted that the proceedings were under Section 73 and that the supplementary notice was not time-barred, while the demand in the impugned order matched the proposed demand. Since the remaining objections involved disputed facts requiring appraisal of evidence, the Court held that the matter was better examined in appeal.

                              Outcome: The petitioner was relegated to the alternative appellate remedy, and the writ petition was disposed of with an observation that an appeal filed within three weeks should be entertained on merits without objection as to limitation.


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                              ActsIncome Tax
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