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In the instant case the ex-parte adjudication order under section 73 of the JGST Act has been passed without giving any opportunity of hearing to the Petitioner as per section 75(4) of the Act and even without appreciating the documents on record and without verifying the electronically uploaded forms and information, merely on the behest of the superior authority. Since opportunity of personal hearing was not given to the petitioner nor relied upon documents were provided; interest of justice would suffice by remitting the matter back to the authority for compliance of the necessary provision especially Section 75(4) of the JGST Act.

Section 75(4) of the CGST Act, 2017— Show Cause Notice –Personal Hearing - The petitioner prayed for quashing of SCN issued under section 73(1); for unblocking credit ledger which was blocked on 14.02.2020 even before serving the SCN. The court observed that no relied upon documents were ever provided to the petitioner nor opportunity of personal hearing was granted. The law casts an obligation upon the parties to serve the documents/inspection report/intelligence note which has been relied upon by either of the parties in a proceedings. The court relied upon the decision of the Hon’ble Supreme Court in the case of Ayaaubkhan Noorkhan Pathan Versus State of Maharashtra & Ors., 

Held that:- The Hon’ble High Court set aside orders and directed the respondents to initiate fresh proceedings by issuing a proper SCN and take a decision thereupon in accordance with law.

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