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HC upheld the state tax authority's order under Section 74(9) of ...


Tax Authority's Section 74(9) Order Upheld: Procedural Validity Confirmed, Jurisdictional Challenge Dismissed

May 7, 2025

Case Laws     GST     HC

HC upheld the state tax authority's order under Section 74(9) of BGST Act, finding no jurisdictional error in issuing the demand notice. The court determined that the order was legally valid, as it was passed after proper service of show cause notice, and the petitioner failed to contest the substantive facts. The HC rejected arguments about parallel investigations, confirming the authority's right to proceed with tax assessment despite ongoing central agency investigations, thereby maintaining procedural integrity in tax proceedings.

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