Jasmine M.M.-GP for the Respondent.

The present writ petition, filed under Article 226 of the Constitution of India, assails the actions of the respondents authorities with regard to the Detention of the goods and vehicle of the petitioner as well as subsequent orders passed under Section 129 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the “CGST Act”).

Writ petitioner to pay the admitted liability or demonstrate to the satisfaction of Respondents 1 and 2 that substantial part of same has been paid and pay the balance within one week from today i.e., on or before 12.12.2022.

The present writ petition has been filed against the order passed under Section 129(1) and 129(3) of U.P.G.S.T. Act with the assertion that the entire proceedings of search and seizure of the goods is in violation of the provisions of U.P.G.S.T. Act, 2017 and the rules made thereunder. Since petitioner has alternative remedy to file appeal under Section 107 of U.P.G.S.T, the writ petition is dismissed, accordingly

The challenge in the present petition is to show cause notice under Section 74 of the U.P. GST/CGST Act, 2017 for the financial year 2018 -19. Challenging the show cause notice, the petitioner herein raises an issue with regard to the jurisdiction of the respondent to proceed under Section 74 of U.P. GST/CGST Act, 2017 on the basis of a survey/SIB survey. All issues raised herein are still open to agitate before the Assessing Officer. We, therefore, do not find any good ground to entertain the writ petition.

Looking to seriousness and gravity of offence, evidence, complicity of the accused, this court does not find it is a fit case for bail to the applicant.

Petitioner has prayed for the issuance of writ in the nature of certiorari for quashing of the exparte order. This court quash and set aside the impugned order.

The petitioners in this batch of writ petitions seek the quashing of orders reversing the transitioning of tax deducted at source (TDS) under Section 140(1) of the State GST ActPetitioners are entitled to transit accumulated TDS under the VAT Act for set off against output GST liabilities in terms of Section 140 of the state GST Act.

The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences. This court quashed and set aside the impugned order.

The writ petitioner by way of the instant writ petition is assailing the Demand cum Show Cause Notice which has been issued by the respondent under Section 74 of the CGST Act. The challenge has been made on the ground that the said show cause notice is illegal and without jurisdiction, since, the demand for GST on the annuity received by the petitioner from the National Highway Authority of India has been made in contradiction and violation of an exemption to annuity granted vide notifications dated 28.06.2017, 13.10.2017, 29.06.2017 and 09.11.2017. This writ petition being premature, the same is disposed of with the direction that the petitioner first pursues and participates in the proceedings initiated vide the impugned show cause notice, by responding to the same and placing the facts and materials which have been placed before this Court.FF

The present petition is disposed of by directing the proper officer to issue summary of the notice and demands electronically in FORM GST DRC-01 & FORM GST DRC- 02 as expeditiously as possible and preferably within a period of one week from today, if not already done.

n the absence of the petitioner waiving its right of a personal hearing, the provisions of Section 75(4) of the CGST Act were squarely applicable and accordingly, an obligation was cast on the adjudicating officer to grant an opportunity of hearing to the petitioner. Thus, the petitioner having not been granted a hearing, the impugned order would be required to be held to be in breach of the principles of natural justice and ex-facie contrary to the provisions of Section 75(4) of the CGST Act. The impugned order dated 18 August, 2023 is quashed and set aside.