Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
HC entertained the writ petition challenging an ex parte adjudication order passed under DRC-07 and the vires of Notifications No.56/2023-CT and 25/2023 FD 20 CSL 2023 under the CGST/KGST Act, 2017. Observing that the validity of the impugned notifications is sub judice before the Apex Court in Special Leave to Appeal (C) No.4240/2025 and that such decision will materially affect the impugned proceedings, HC set aside the ex parte adjudication order. HC remitted the matter to the 1st respondent for de novo adjudication strictly in accordance with law, to be undertaken only after disposal of the aforesaid SLP by the Apex Court, and after affording due opportunity of hearing to the petitioner. The writ petition was accordingly allowed by way of remand.
HC entertained the writ petition challenging an ex parte adjudication order passed under DRC-07 and the vires of Notifications No.56/2023-CT and 25/2023 FD 20 CSL 2023 under the CGST/KGST Act, 2017. Observing that the validity of the impugned notifications is sub judice before the Apex Court in Special Leave to Appeal (C) No.4240/2025 and that such decision will materially affect the impugned proceedings, HC set aside the ex parte adjudication order. HC remitted the matter to the 1st respondent for de novo adjudication strictly in accordance with law, to be undertaken only after disposal of the aforesaid SLP by the Apex Court, and after affording due opportunity of hearing to the petitioner. The writ petition was accordingly allowed by way of remand.
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