Order quashed for failing natural justice due to improper notice service under Section 73 of GST Act
Case-Laws
GST
The HC quashed and set aside the impugned order dated April 19, 2024, holding that the petitioner was denied principles of natural justice due to improper service of notices under section 73 of the Act via the GST Portal's “Additional Notices and Orders” tab, which the petitioner did not access. The court found the petitioner entitled to benefit of doubt, as no evidence showed the notices appeared under the “view notices and orders” tab, preventing the petitioner from responding or challenging the order within limitation. The HC directed the Assessing Officer to issue a fresh notice with at least 15 days' clear period in accordance with law, allowing further proceedings thereafter. The petition was allowed without calling for counter affidavits or relegating to statutory remedies, emphasizing procedural fairness.
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