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Penalty Proceeding u/s 129 without issue of notice in Mov-07, Goods and Services Tax - GST |
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Penalty Proceeding u/s 129 without issue of notice in Mov-07 |
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1. Can Penalty Proceeding u/s 129 be started on the basis of GST DRC-01(summary of show cause notice) without issue of GST MOV-07-notice as prescribed vide Circular No.41/15/2018-GST dated 13th April,2018? 2. Officer has issued only summary of order in GST DRC-07, no order has been issued in GST MOV-09 as prescribed. Is it valid order for recovery of demand Posts / Replies Showing Replies 1 to 1 of 1 Records Page: 1
Non-issuance of GST MOV-07 and MOV-09 is clear violation of principles of natural justice, provisions of section 129 as well as circular issued by CBIC. Summary in DRC-01 and DRC-07 prescribed in the Rules does not substitute the SCN and order itself. File a writ before the jurisdictional High Court and you may be able to get the entire proceedings quashed. Page: 1 |
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