High Court of Kerala
Emas Gold and Diamonds LLP v. Joint Commissioner
WP(C) NO. 19986 OF 2021
The ruling in brief
Where demand under section 74 and confiscation proceedings under section 130 were founded on witness statements and request for cross examination was rejected on irrelevant grounds, denial of effective opportunity vitiated adjudication and matter was liable to be remanded for fresh proceedings
Provisions considered
Section 74, read with sections 67, of Central Goods and Services Tax Act, 2017/Kerala State Goods and Services Tax Act, 2017
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