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DURGE METALS vs. APPELLATE AUTHORITY AND OTHERS
(Madhya Pradesh High Court)

Hon'ble Judges:

SHEEL NAGU
HIRDESH
Pet. Counsel
Kapil Duggal
Res. Counsel
Darshan Soni

Petitioner / Applicant

DURGE METALS
Respondent APPELLATE AUTHORITY AND OTHERS
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date May 10, 2023
Order No.

WRIT PETITION No. 6124 of 2020

Citation

2023(5) TAXREPLY 7369
Original Order
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ORDER

ORDER This writ petition filed under Article 226 of the Constitution of India challenges Annexure P-2 dated 03.05.2019 and Annexure P-4 dated 30.08.2019 issued by Appellate Authority & Joint Commissioner, State Tax, Sagar Division, respectively. 2. Principal ground of challenge to show cause notice, issued vide Annexure P-1 dated 28.03.2019 under Section 74(1) of GST Act, is that it does not satisfy the requirements of the said provision r/w Rule 142 of GST Rules. 3. Learned counsel for rival parties are heard on the question of admission and also final disposal. 4. It is the contention of counsel for the petitioner that the show cause notice (Annexure P-1) was vague to the extent of not communicating the relevant information and material thereby disabling the petitioner to respond to the same, and therefore, all consequential actions of passing of order (Annexure R-2) and dismissal of appeal vide Annexure P-4 are vitiated in law. 4.1. Learned counsel for the....

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