CGST show-cause notice vs adjudication demand exceeding SCN; writ refused, appeal route ordered; 10% pre-deposit basis queried
Case-Laws
GST
Challenge to an order-in-original raising demand exceeding the show-cause notice was not entertained in writ because an efficacious statutory appeal remedy was available; the petitioner was relegated to file an appeal before the appellate authority. On the pre-deposit dispute, the court recorded a prima facie view that, under s.75 CGST Act, the adjudication demand cannot exceed the SCN demand, rendering any excess demand unsustainable, and directed the appellate authority to decide whether the mandatory 10% deposit is to be computed on the SCN demand or the total demand in the order-in-original; physical filing with a 10% deposit application was permitted if the appeal is filed with the order. – HC
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