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    Valid GST adjudication requires notice to an existing person; proceedings against a deceased proprietor are non est.
    Pre-trial detention in GST prosecutions requires exceptional justification where investigation is complete and trial is delayed.
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      Validity of Demand-cum- Show Cause Notice under Section 63 of...

      Court Upholds Validity of Demand-cum-Show Cause Notice u/s 63 of CGST/OGST Act; No Grounds for Judicial Intervention.

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      GSTAugust 18, 2022Case LawsHC
      Validity of Demand-cum- Show Cause Notice under Section 63 of the CGST/OGST Act - Clear proposition with reasons are found mentioned in the impugned SCN as to why the Proper Officer has sought to invoke the provisions of Section 63 of the CGST/OGST Act which essentially relates to the facts and circumstances of the case. Of course, the petitioner has the fullest opportunity to refute and rebut the same during the course of proceeding. - Having not found illegality, irrationality, procedural impropriety and proportionality in issue of Demand-cum-Show Cause Notice by the Proper Officer, this Court does not, therefore, deem it expedient to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India - HC

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