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GST Decision by HIGH COURT OF DELHI
Invalidity of Unsigned Order: Setting Aside the Impugned Decision
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Marg ERP Ltd. v. Commissioner of Delhi Goods & Service Tax

03-02-2023

W.P. (C) NO. 872 OF 2023

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Facts: The petitioner challenges an order dated 07.06.2022, which raised a demand of Rs. 49,26,623/- under Section 73 of the Central Goods and Services Tax Act, 2017. Prior to the order, a Show Cause Notice was issued, but it lacked specific allegations and was unsigned. The court finds the order dated 07.06.2022 invalid due to the absence of a signature. However, the Show Cause Notice remains valid, and the petitioner is granted a two-week period to file a reply to the notice.
Decision: The order dated 07.06.2022 is set aside due to the absence of a signature, rendering it invalid. The Show Cause Notice, despite lacking specific allegations, is deemed valid. The petitioner is given two weeks to file a reply to the Show Cause Notice. The concerned authority is directed to pass a fresh order after considering the petitioner's reply and providing an opportunity for a hearing. The petition and pending applications are disposed of in light of the above decisions.

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Case law Code: 63
Case law: Invalidity of Unsigned Order: Setting Aside the Impugned Decision

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GST Decision by HIGH COURT OF DELHI
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Court

Marg ERP Ltd. v. Commissioner of Delhi Goods & Service Tax

. W.P. (C) NO. 872 OF 2023 Dated 03-02-2023

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Update


Case law Code: 63
Case law: Invalidity of Unsigned Order: Setting Aside the Impugned Decision

You need to subscribe to Case Laws service to start downloading posters

without PG logo, PG watermark and without word 'Sample',

Charges Rs. 2400 per year instead of Rs. 3600/-.

Subscribe

Wallet Balance is Rs. 529

Buy Using Wallet
(Pl note for non-subscribers first payment towards wallet is Rs. 300.)


And share on Social Media

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