Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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Show cause proceedings under Section 73 were invalidated because the Statement of determination attached to the summary FORM GST DRC-01 cannot substitute a Show Cause Notice issued by the Proper Officer; consequently initiation and the impugned order were quashed. The court held that Show Cause Notice, Statement and Order under Section 73 must be issued by the Proper Officer and authenticated per Rule 26(3), and failure to afford opportunity of hearing violated Section 75(4). The court granted liberty to reinitiate proceedings de novo and excluded the period from summary issuance to service of certified judgment for computation under Section 73(10).
Show cause proceedings under Section 73 were invalidated because the Statement of determination attached to the summary FORM GST DRC-01 cannot substitute a Show Cause Notice issued by the Proper Officer; consequently initiation and the impugned order were quashed. The court held that Show Cause Notice, Statement and Order under Section 73 must be issued by the Proper Officer and authenticated per Rule 26(3), and failure to afford opportunity of hearing violated Section 75(4). The court granted liberty to reinitiate proceedings de novo and excluded the period from summary issuance to service of certified judgment for computation under Section 73(10).
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