Incomplete BIS testing cannot justify reclassification or confiscatory action; declared customs classification restored and enhanced redemption fine s...
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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.
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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