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This court quash and set aside the impugned order for two reasons- (a) Violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any sufficient reasons even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee.

Section 75 of the CGST Act, 2017--- Demand  —Interest –- The petitioner prayed for quashing of the order dated 25.02.2020, whereby Interest has been imposed under Section 75(12)  without issuance of notice; for setting aside consequential DRC 07 Dated 20.02.2020, whereby a demand of Rs. 319935/- has been issued; for setting aside the appellant order dated 09.09.2021, whereby the appeal filed by the petitioner has been dismissed. The counsel for the Revenue, stated that he has no objection if the matter is remanded to the Assessing Authority for deciding the case afresh and the limitation shall not be allowed to come in the way. Also, during pendency of the case, no coercive steps shall be taken against the petitioner. The court observed that the order is bad in law because of two reasons- (a) violation of principles of natural justice and (b) order passed ex parte in nature, does not assign any sufficient reasons, as to how the officer could determine the amount due and payable by the assessee.

Held that:- The Hon’ble High Court quashed and set aside the impugned orders. Further directed the respondent for defreezing/ de-attaching of the bank account(s) of the writ-petitioner attached.

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