Rattan Advocates

Judgments on Show Cause Notice

Sr. No.Judgment NameJudgment Head NoteJudgment Link
1)Hon’ble Jharkhand High Court in the case of NKAS Services Private Limited V. State of Jharkhand vide W.P. (T) no. 2659 of 2021.High Court quashes the GST Notice for not fulfilling the ingredients of a proper Show Cause Notice.

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2)Hon’ble Madhya Pradesh High Court in the Case of M/s Raymond Ltd. V. Union of India vide W.P. No. 26693 of 2022.High Court set aside the impugned Show Cause Notice and order as no reasonable opportunity of being heard was being granted.

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3)Hon’ble Delhi High Court in the case of Aasanvish Technology (P) Ltd. V. Director General of GST Intelligence vide W.P. (c) No. 15221 of 2023.High Court has held that the matter for adjudication can be placed before an officer who exercises jurisdiction in respect of the notices, where multiple notices have been issued, in whose case the maximum demand has been raised.

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4)Hon’ble Jharkhand High Court in the case of CJ Darcl Logistics Limited V. Union of India represented through Secretary vide W.P. (T) No. 215 of 2022.Revenue Department cannot go beyond the scope of Show Cause Notice to create new ground at adjudication stage.

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5)Hon’ble Allahabad High Court in the case of Yash Building Material V. State of U.P. & Others vide A.P. (Tax) No. 1435 of 2022.Demand Orders passed without a Show Cause Notice are legally baseless.

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