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GST - Highlights / Catch Notes

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Violation of principles of natural justice - notice u/s 46 was ...


Court Dismisses Claim of Natural Justice Violation Due to NIL Return Filing; Advises Appellate Remedies.

May 6, 2024

Case Laws     GST     HC

Violation of principles of natural justice - notice u/s 46 was not been given to the petitioner - The Court rejects the petitioner's contention regarding non-compliance with Section 46. Since the petitioner filed a NIL return, no notice was necessary under this section. The case falls under Chapter XIV, where notices were issued under Section 70 post-search and seizure. - The Court finds no violation of principles of natural justice. The petitioner was provided with opportunities for a personal hearing, as mandated by Section 75(5) of the Act. The petitioner's admission of GST liability in evidence strengthens this finding. - Consequently, the writ petition was dismissed, with the petitioner directed to pursue appellate remedies.

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