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MONIT TRADING PRIVATE LIMITED vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

G. S. KULKARNI
JITENDRA JAIN
Pet. Counsel
Suryanarayan Iyer
Res. Counsel
Jitendra Mishra
Mamta Omle
Ashutosh Mishra

Petitioner / Applicant

MONIT TRADING PRIVATE LIMITED
Respondent UNION OF INDIA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Jul 3, 2023
Order No.

WRIT PETITION (L) NO. 2505 OF 2023

Citation

2023(7) TAXREPLY 7631
Original Order
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ORDER

P.C. 1. This is the second occasion the petitioner is required to approach this Court in regard to an action being taken against the petitioner for cancellation of its registration under Section 29(2) of the CGST Act, 2017. 2. At the outset, we may observe that in the present proceeding, we are confronted with an ex facie illegal order passed by the Joint Commissioner (Appeals-II) CGST and Central Excise, Mumbai. 3. The facts as would unfold are:- Mr. Iyer, learned counsel for the petitioner has drawn our attention to a show cause notice dated 5 January 2021 issued to the petitioner purportedly calling upon the petitioner as to why the registration of the petitioner under the CGST Act should not be cancelled. It needs to be observed that the show cause notice itself, was bereft of particulars. It had no description on any details of the allegations. A perusal of the show cause notice itself would indicate that the well-settled norms of fairness and reasonableness wer....

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