2026 (4) TMI 139

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....hort 'CGST Act'), on the ground that they are issued wholly without jurisdiction, arbitrarily and in violation of the principles of natural justice. This more importantly, as the show cause notice(s) intends to resurrect what was completely a concluded issue in regard to the transfer of flats in the construction and development, undertaken by the petitioner under the Development agreement(s) entered with the Co-operative Housing Societies in the year 2008-2011 whereunder the members of these societies were granted tenements free of costs. 2. The petitioner had undertaken the redevelopment of the old buildings of the co-operative societies, under the terms of the development agreement, the members of the housing societies in lieu of their....

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....giving free flat to existing tenant in lieu of consideration received in the forms of transfer of development rights. Tax: Interest Penalty 5,92,38,750/- -- The taxpayer has neither paid the tax nor paid interest and penalty. SCN to be issued if not paid tax alongwith interest and penalty. 3. It is in pursuance of such orders as passed by the Chief Commissioner, a show cause cum demand notice(s) (Exhibit A-1 and Exhibit A-2 to the petition) were issued to the petitioner. 4. Reply affidavit on behalf of the respondents is filed, in which in paragraph 5.5, the following statements are made, to contend that the impugned action has been taken on the instructions received from the Chief Commissioner. The relevant extract read t....