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J&K HC: One-Day Delay in Section 129(3) Notice Vitiates GST Proceedings

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Summary

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  • The Jammu & Kashmir High Court has ruled that a one-day delay in issuing a notice under Section 129(3) of the CGST Act, 2017, invalidates GST proceedings.
  • The court allowed the writ petition of Danish Hassan, challenging orders from the Deputy Commissioner and Appellate Authority regarding the detention of goods.
  • Citing its earlier judgment in Mohd. Hazzak Lohar & Anr., the court emphasized that timelines are mandatory to prevent prolonged detention.
  • The ruling sets a precedent for strict adherence to statutory timelines in GST enforcement, potentially impacting future cases involving similar delays.

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