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This Court is of the view that the remedy of the petitioner would be to submit a reply to the notice and various submissions raised on the merits of the matter are not required to be commented upon by this court, at this stage.

Section 74 of the CGST Act, 2017—Show Cause Notice -—The petitioner challenged notice issued under Section 74(1), on the ground that an intimation in terms of Section 74(5) was issued to the petitioner, to which a reply has been given under DRC 01-A, Part-B. It is contended that SCN has been issued on the previous terms without adjudicating the petitioner's reply. The court observed that SCN has been issued to the petitioner, allowing him to submit a reply in the matter. It is only on the failure to submit a reply that the proceedings can be initiated further.

Held that:- The Hon’ble High Court directed that the remedy of the petitioner would be to submit a reply to the notice.

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