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        Case ID :
        GST

        The HC set aside the impugned order dated 28.04.2024, holding...

        Order under Section 73 set aside for lack of formal authenticated SCN as required by Rule 142(1)(a), natural justice breached

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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.
                                The HC set aside the impugned order dated 28.04.2024, holding that proceedings under Section 73 were vitiated for failure to issue a formal, authenticated show-cause notice (SCN) as mandated by Section 73 and Rule 142(1)(a); a summary in FORM GST DRC-01 or an attached statement of tax determination cannot substitute for a proper SCN. The court found breach of principles of natural justice where the Summary and attachments in GST DRC-01/DRC-07 lacked proper authentication and did not afford a meaningful opportunity to respond. The respondents were granted liberty to initiate fresh proceedings de novo under Section 73 if deemed appropriate. Petition allowed.
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