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Udit Tibrewal vs State of Assam & Ors.

Date of Order: October 25, 2024
Subject: Validity of assessment order passed without proper show cause notice under Section 73
Description:

The petitioner challenged an assessment order passed under Section 73 of the Assam GST Act on the ground that no proper show cause notice was issued and only a summary in Form DRC-01 was served. The factual background showed that the determination of tax was made without issuance of a valid notice as mandated by law.

The Court held that a summary of show cause notice is not a substitute for a proper notice under Section 73(1). Initiation of proceedings and passing of orders without issuing a valid show cause notice violates statutory requirements and principles of natural justice. The impugned assessment order was set aside with liberty to initiate de novo proceedings in accordance with law.

 

Foot Note:

Case laws referred:
Udit Tibrewal v. State of Assam, 2024 SCC OnLine Gau 698

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