Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
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The HC rejected the respondents' contention regarding time-barred appeal and held the cancellation of GST registration invalid due to non-application of mind and violation of natural justice principles. The court found that the quasi-judicial authority failed to consider the petitioner's reply to the show cause notice, rendering the cancellation order non-speaking and legally infirm. Consequently, the impugned orders dated 11.08.2022, 12.09.2022, 22.08.2024, and 03.09.2024 were set aside. The matter was remanded to the Superintendent, Danapur, for fresh adjudication, directing a thorough consideration of the petitioner's contentions and completion of proceedings within three months from receipt of the order. The petition was allowed by way of remand, ensuring adherence to procedural fairness and statutory requirements.
The HC rejected the respondents' contention regarding time-barred appeal and held the cancellation of GST registration invalid due to non-application of mind and violation of natural justice principles. The court found that the quasi-judicial authority failed to consider the petitioner's reply to the show cause notice, rendering the cancellation order non-speaking and legally infirm. Consequently, the impugned orders dated 11.08.2022, 12.09.2022, 22.08.2024, and 03.09.2024 were set aside. The matter was remanded to the Superintendent, Danapur, for fresh adjudication, directing a thorough consideration of the petitioner's contentions and completion of proceedings within three months from receipt of the order. The petition was allowed by way of remand, ensuring adherence to procedural fairness and statutory requirements.
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