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The petitioner pointed out that the department had granted TRAN-1 credit of the taxes paid prior to introduction of GST regime. Subsequently, the Assessing Officer issued a notice under Section 73 of the TGST Act raising demand. The petitioner pointed out that in this notice the Assessing Officer has not indicated any reasons why he had raised the said demand. The order is non-speaking order and does not record any reasons for confirming the demand. Notice, returnable on 23.11.2021.

Section 140 of the CGST Act, 2017  — Transitional Credit –-- The Counsel for the petitioner submitted that the Assessing Officer issued a notice on 29.04.2021 under Section 73 raising a demand of Rs.1,08,53,934/-, wherein no reasons have been indicated. The petitioner filed a detailed reply on 21.05.2021 and pointed out that the Trans-I credit was correctly given after verification of relevant facts.

Held that:- The Hon’ble High Court issued Notice, returnable on 23.11.2021. By way of ad-interim relief, the respondents are prevented from carrying out cohesive recovery pursuant to the impugned order.

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