Confiscation - penalty - Had the show cause notice Form GST ...

Defective GST Notice Invalidates Liability u/s 130, Denies Petitioner Fair Opportunity to Present Case.

November 27, 2021

Case Laws     GST     HC

Confiscation - penalty - Had the show cause notice Form GST MOV-10 been properly prepared, the petitioner could have had adequate opportunity to represent his case and, subject to such proof as required by clause (v) of sub-section (1) of Section 130 of the Act, would not have been saddled with the liability under sub-sections (2) and (3) of Section 130 of the Act. Therefore, the show cause notice Form GST MOV-10 that was issued was defective which resulted in denial of opportunity to the petitioner, and as such, cannot be said to be a show cause notice in the eyes of law. - HC

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