Section 73 of the CGST Act, 2017--- Demand  —–- The petitioner prayed for quashing of the SCN dated 15.02.2021 proposing to disallow ITC on the ground of wrong utilization of ITC under Section 16(4) of the Act; for quashing the order dated 24.02.2021; for quashing the order dated 24.02.2021, without affording an adequate opportunity of being heard be quashed. The counsel for the petitioner submitted copies returns filed under the provisions of the Act. The court observed that this fact was not taken into notice or escaped the attention of the officer passing the impugned order. Further, the petitioner’s bank account stands attached, as a consequence of non-payment of the dues arising out of the impugned order.

Held that:- The Hon’ble High Court quashed the impugned order dated 24th of February, 2021, as also the consequential demand notice, and also quashed the order of attachment dated 26th of February, 2022. Further directed the petitioner to deposit a sum of Rs.10,00,000/- with the Assessing Officer within a period of next two working days. The Assessing Officer shall pass a fresh order.