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The petitioner have filed the instant case challenging the order which have been passed without providing any reasons. In the instant case, the impugned order does not reflect the reasons for passing of the impugned order rejecting the Trans-1 credit and for imposition of a huge amount of tax, interest and penalty against the petitioner, the impugned order is accordingly set aside and the matter is remanded back to the respondent authorities to issue a fresh proceeding in accordance with law.

Section 140 of the CGST Act, 2017  — Transitional Credit –-- The petitioner challenged the order dated 07.08.2021 which have been passed without providing any reasons. The Petitioner on 29.04.2021 was issued a SCN alleging that the petitioner availed excess ITC in Tran-1 for the Financial year 2017-2018. The said show cause notice however did not contain any reasons for disallowance of the said Trans-I credit and simply Section 73 was quoted in the notice. The Respondent No.3 however without addressing the same passed the impugned non-speaking order dated 07.06.2021. The court observed that the petitioner has every right to know the reasons for passing an order against him.

Held that:- The Hon’ble High Court set aside the order and remanded the matter back to the respondent authorities to issue a fresh proceeding in accordance with law. This exercise shall be completed within a period of two months.

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