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GST Notice Issued to a Non-Existent Company is Invalid: Bombay HC
Case Law Details
- Case Name
- Kanakia Spaces Realty Private Limited Vs Union of India (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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Kanakia Spaces Realty Private Limited Vs Union of India (Bombay High Court)
Notice Issued to a Non-Existent Amalgamated Company under GST is Invalid: Bombay High Court Clarifies the Law
Introduction
A Show Cause Notice (SCN) is the foundation of every GST adjudication proceeding. Before the GST Department can determine any tax liability, impose a penalty, or initiate recovery proceedings, it must first issue a valid Show Cause Notice in accordance with law. If the notice itself is invalid, every action taken on its basis automatically becomes unsustainable.
In a significant judgment delivered ...







