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        GST

        HC dismissed the writ petition challenging penalty for...

        Fraudulent ITC Claim Rejected: Taxpayer Directed to Pursue Appellate Remedy Under Section 107 with Pre-Deposit Option

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                          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.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed the writ petition challenging penalty for fraudulent Input Tax Credit (ITC) availment under CGST Act, Section 122(1)(vii). The court held that writ jurisdiction should not be ordinarily exercised in cases involving ITC fraud, citing precedent. The petitioner was directed to pursue appellate remedies under Section 107 of CGST Act and permitted to file appeal by 15th July, 2025 with pre-deposit. The court emphasized that the appeal would be adjudicated on merits and not dismissed on limitation grounds, thereby preserving the petitioner's substantive rights while maintaining procedural integrity.
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