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RAJ TRADE HOUSE vs. UNION OF INDIA AND OTHERS
(Allahabad High Court)

Hon'ble Judges:

PIYUSH AGRAWAL
Pet. Counsel
Ashish Kumar Mishra
Res. Counsel
Krishna Ji Shukla

Petitioner / Applicant

RAJ TRADE HOUSE

Respondent UNION OF INDIA AND OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Oct 3, 2024
Order No.

WRIT TAX No. - 1336 of 2024

Citation

2024(10) TAXREPLY 11300

Original Order
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ORDER

1. The instant writ petition has been filed challenging the impugned order dated 08.12.2023 passed by the respondent no. 3 as well as the impugned order dated 25.06.2024 passed by the respondent no. 2; whereby, the appeal of the petitioner has been dismissed on the ground of limitation. 2. Learned counsel for the petitioner submits that on 08.09.2023, a show cause notice was served upon the petitioner on the ground of difference between the GSTR-1 and GSTR-9C. Thereafter the Proper Officer issued show cause notice under sections 73/74 of the GST Act. The petitioner did not submit reply on account of illness. He further submits that on 08.12.2023, the Proper Officer passed the impugned order, against which the petitioner preferred an appeal, which has been dismissed vide impugned order dated 25.06.2024. Hence, this writ petition. 3. Learned counsel for the petitioner further submits that as per section 74 of the GST Act, it is mandatory to observe an intention to evade tax wi....

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