Case Law Details
Sulender Shah Vs Additional Commissioner/Joint Commissioner CGST (Delhi High Court)
Summary of Demand and Notice issued u/s 74 of the CGST Act is required to be issued electronically under Rule 142(1) of the CGST Rules
Introduction: In a recent ruling, the Hon’ble Delhi High Court addressed the necessity of issuing the summary of Show Cause Notices and Demands under Section 74 of the CGST Act electronically. The case of Sulender Shah v. Additional Commissioner/Joint Commissioner CGST [W.P.(C) NO. 15766 OF 2023 dated December 7, 2023] sheds light on the court’s stance regarding compliance with Rule 142(1) of the CGST Rules.
Hon’ble Delhi High Court directed the Revenue Department to issue the summary of Show Cause Notice and Demand electronically in Form GST DRC-01 & Form GST DRC-02, thereby holding that, summary of Demand and Notice issued under Section 74 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) is required to be issued electronically under Rule 142(1) of the Central Goods and Services Tax Rules, 2017(“the CGST Rules”)
Facts:
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