2024 (2) TMI 801

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....hara, Senior Advocate with Mr. V. Shyamohan, Ms. Eshita Baruah, Mr. Abraham Joseph Markos and Ms. Tissy Annie Thomas, Advocates. For the Respondent: Mr. Rajeev Aggarwal, ASC with Ms. Samridhi Vats, Advocate. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns order dated 27.12.2023, whereby the show cause notice dated 23.09.2023, proposing a demand against the petitioner has been co....

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....ent. 5. With the consent of learned counsel for parties, petition is taken up for final disposal. 6. A perusal of the show cause notice shows that the Department has given specific details of alleged under declaration of output tax, excess claim Input Tax Credit ["ITC"], under declaration of ineligible ITC and ITC claim from cancelled dealers, return defaulters and tax non-payers. To the said sh....

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....8:39 PM after the close of office hours and the next day was a gazetted holiday. 10. We are of the view that adequate opportunity had not been granted to the petitioner to defend the show cause notice by way of a hearing. 11. In view of the above, the order cannot be sustained and the matter is liable to be remitted to the Proper Officer for re-adjudication. Accordingly, the impugned order and s....