ArticleGST Article

SCN issued under Section 74 arising out of earlier SCN issued under Section 73 quashed as allegations of fraud, wilful misstatement or suppression of facts not invoked

The Hon’ble Allahabad High Court in the case of Bharat Mint & Allied Chemicals held that where the proceedings were initially instated under Section 73 of CGST Act and subsequently a SCN arising out of the earlier SCN was issued under Section 74 of the CGST Act by the same officer without alleging fraud, suppression or wilful misstatement, then such an action is without jurisdiction…