No Provisions in GST Law for remand back by First Appellate Authority


Last updated: 12 September 2025

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of M/s Kanha Shree Steels v. Assistant Deputy Commissioner CGST Division-VI Ghaziabad & Others [WRIT TAX No. - 2746 of 2025, order dated August 19, 2025] held that once an appellate authority finds a show cause notice and cancellation order deficient for lack of reasons, it cannot remand the matter back for verification; the appellate authority under Section 107 of the CGST Act cannot grant a "second inning" to Revenue by referring cases back to the adjudicating authority.

Citation :
WRIT TAX No. - 2746 of 2025, order dated August 19, 2025

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Shree
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