https://www.taxtmi.com/caselaws?id=759400 Allahabad HC quashed a show cause notice issued under Section 74 of CGST Act regarding input tax credit recovery. The court held that proceedings under Section 74 require specific ingredients like fraud, willful misstatement, or suppression of facts to evade tax, which were absent in the notice. Since earlier proceedings under Section 73 for the same credit amount were dropped in petitioner's favor, reopening under Section 74 without establishing requisite elements was without jurisdiction. The writ petition was maintainable as the notice lacked jurisdictional foundation. en-us Fri, 27 Sep 2024 00:00:00 +0530 Fri, 09 May 2025 15:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759400 Allahabad HC quashed a show cause notice issued under Section 74 of CGST Act regarding input tax credit recovery. The court held that proceedings under Section 74 require specific ingredients like fraud, willful misstatement, or suppression of facts to evade tax, which were absent in the notice. Since earlier proceedings under Section 73 for the same credit amount were dropped in petitioner's favor, reopening under Section 74 without establishing requisite elements was without jurisdiction. The writ petition was maintainable as the notice lacked jurisdictional foundation. Case-Laws GST Fri, 27 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759400