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    <title>2025 (7) TMI 1525 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=775457</link>
    <description>Whether payment of tax and penalty pursuant to a notice under s.129(3) CGST Act, 2017, coupled with release of goods under Form GST MOV-05, dispenses with the requirement of a final order by virtue of the deeming conclusion under s.129(5), was answered in the negative. SC held that every show cause notice must culminate in a reasoned, speaking order; s.129(5) only deems cessation of further proceedings and does not amount to waiver or abandonment of the taxpayer&#039;s right to contest the levy or appeal under s.107, particularly where objections are filed and payment is under protest. Non-passing of an order undermines natural justice and may offend Art.265. HC order was set aside and the proper officer was directed to issue a final order in Form GST MOV-09 with summary in Form GST DRC-07 after hearing; appeal allowed.</description>
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    <pubDate>Thu, 24 Jul 2025 00:00:00 +0530</pubDate>
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      <title>2025 (7) TMI 1525 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=775457</link>
      <description>Whether payment of tax and penalty pursuant to a notice under s.129(3) CGST Act, 2017, coupled with release of goods under Form GST MOV-05, dispenses with the requirement of a final order by virtue of the deeming conclusion under s.129(5), was answered in the negative. SC held that every show cause notice must culminate in a reasoned, speaking order; s.129(5) only deems cessation of further proceedings and does not amount to waiver or abandonment of the taxpayer&#039;s right to contest the levy or appeal under s.107, particularly where objections are filed and payment is under protest. Non-passing of an order undermines natural justice and may offend Art.265. HC order was set aside and the proper officer was directed to issue a final order in Form GST MOV-09 with summary in Form GST DRC-07 after hearing; appeal allowed.</description>
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      <pubDate>Thu, 24 Jul 2025 00:00:00 +0530</pubDate>
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