2024 (3) TMI 972

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....VINDER DUDEJA Advocates who appeared in this case: For the Appellant: Mr. Kamal Sawhney with Mr. Deepak Thackur & Ms. Aakansha Wadhwani, Advocates. For the Respondent: Mr. Rajeev Aggarwal, Additional Standing Counsel for R-1 & R-2 Mr. Anil Kumar Saxena, Senior Panel Counsel with Mr. Rajendra Rawat, G.P. for R-3 JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns order date....

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.... ITC claim from cancelled dealers, return defaulters and tax non-payers. To the said Show Cause Notice, a detailed reply was furnished by the petitioner giving full disclosures under each of the heads. 4. The impugned order, however, after recording the narration, records that the reply uploaded by the taxpayer is not satisfactory. It merely states that "And whereas, the taxpayer had filed thei....

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....e shows that the Proper Officer has not applied his mind to the reply submitted by the petitioner. 6. Further, if the Proper Officer was of the view that reply was unsatisfactory and further details were required, the same could have been specifically sought from the petitioner. However, the record does not reflect that any such opportunity was given to the petitioner to clarify its reply or fu....