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This court is inclined to dispose of this Writ Petition with liberty by giving liberty to the petitioner to file a statutory appeal before the Appellate Commissioner. The Appellate Commissioner shall entertain the appeal on merits without reference to the limitation and dispose the same in accordance with law.

Rule 142 of CGST Rules, 2017 – Issuance of Form DRC-01 –- The appellant challenged the impugned order dated 19.02.2021 for the assessment year 2017-18. The counsel for the petitioner submits that the impugned order is contrary to the rules inasmuch as the show cause notice ought to have been issued in FORM GST DRC-01 electronically, as per Rules 100(2) and 142(1)(a) of the Rules. The court observed that the petitioner was issued with a notice, but the petitioner failed to respond. Thus, the impugned order has been passed. The petitioner has squandered the alternative appellate remedy by letting the limitation to expire.

Held that:- The Hon’ble High Court disposed of this Petition by giving liberty to the petitioner to file a statutory appeal before the Appellate Commissioner within a period of thirty days on making mandatory pre-deposit. The Appellate Commissioner shall entertain the appeal on merits.

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