High Court of Madras
MNS Enterprises v. Additional Commissioner of GST and Central Excise
W.P. NOS. 20547, 20549 & 20552 OF 2023
The ruling in brief
Where registered persons challenged orders assessing liability for fraudulent ITC availed based on a key witness's statement but were denied cross-examination, right to cross-examination was not absolute since allegations pertained to bogus ITC and could be rebutted by documentary evidence, thus, mere denial of cross- examination did not vitiate adjudication, making statutory appeal appropriate remedy
Provisions considered
Section 74, read with sections 70 and 75, of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017
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