DELHI HIGH COURT [Balaji Medical and Diagnostic Research Centre Vs Union of India]
Petitioner impugns order whereby the impugned Show Cause Notice proposing a demand against the petitioner has been disposed and a demand of Rs. 3,09,18,988.00 including penalty has been raised against the petitioner. If the Proper Officer was of the view that reply was not satisfactory and further details were required, the same could have been specifically sought from the petitioner. However, the record does not reflect that any such opportunity was given to the petitioner to clarify its reply or furnish further documents/details. In view of the above, the order cannot be sustained, and the matter is liable to be remitted to the Proper Officer for re-adjudication.