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GST - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The High Court dismissed the writ petition filed by the ...


Taxpayer's writ petition against ITC denial dismissed; asked to file statutory appeal.

December 2, 2024

Case Laws     GST     HC

The High Court dismissed the writ petition filed by the petitioner challenging the Order-in-Original issued under the CGST/AGST Act, 2017, denying input tax credit (ITC) and refund of ITC on zero-rated supplies. The Court held that the petitioner was provided an adequate opportunity to respond to the Demand-cum-Show Cause Notice but failed to submit an effective reply or avail personal hearing after seeking time. Principles of natural justice were not violated. The petitioner was directed to avail the statutory remedy of appeal u/s 107 of the CGST/AGST Act against the Order-in-Original, instead of directly approaching the High Court through a writ petition.

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