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The show cause notice is in a format and is not in a strict compliance of Section 73 (1) of the JGST Act and Rule 142(1)(a) of the Rules and since the principle of natural justice has not been complied in the instant case, the ground of alternative remedy is not acceptable by this Court. The matter is remitted back to the Deputy Commissioner, State Tax Deoghar, Jharkhand to pass a fresh order after following due procedure of law from the stage of issuing fresh show cause notice strictly in accordance with law.

Section 73 of the CGST Act, 2017— Show Cause Notice—Violation of Principle of Natural Justice - The petitioner sought quashing of the SCN dated 07.01.2022 issued under Section 73; quashing of the impugned order dated 09.02.2022 and for direction to the respondents to not attach the business bank account of the petitioner. The counsel for the petitioner submitted that SCN under Section 73(1) are in a format without striking out the irrelevant particulars, is vague and does not spell out the contravention for which the petitioner is charged. The court relied the decision in the case of NKAS Service Ltd. and observed that the show cause notice should be in detailed giving the facts and circumstances and the grounds for levying tax. The impugned show cause notice reveals that it is in a format without striking out the irrelevant particulars. No adjudication order is on record and it is only the summary of order.

Held that:- The Hon’ble High Court set aside the impugned SCN and order and remitted the matter to the adjudicating authority to proceed in accordance with law afresh after issuing a proper show cause notice.

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