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However the said rule is not without any exceptions. Where a show cause notice is issued either without jurisdiction or an abuse of process of law, certainly in that case, the writ court would not hesitate to interfere even at the stage of show cause notice. The interference at the show cause notice stage should be rare and not in a routine manner.
It is a common notion that Writ Petition under Article 226 of the Constitution is not maintainable against issuance of Show Cause Notice by any authority under any Law. The Courts are normally loathe to entertain Writs for quashing such Show Cause Notices. In fact, the Apex Court in a catena of cases has ruled that writ petitions are not ...
Apr 18, 2015 · Order to Show Cause. In the legal system, an Order to Show Cause is a court order requiring an individual or entity to explain, justify, or prove something. In the U.S., courts frequently use orders to show cause to initiate a court proceeding that needs to be heard outside the usual schedule, such as when a temporary order is being sought.
Jun 13, 2022 · A summary of show-cause in Form GST-DRC-01 under rule 142 (1) of the Rules, has been generated or uploaded electronically on June 4, 2020. However, without giving any slightest breathing time to the petitioner to respond on the very same date, that is, on June 4, 2020, the impugned assessment order has been passed.
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information. In procedural law, an “order to show cause” can be ...
Feb 8, 2023 · Applying the same principle, in our opinion, the show-cause notice dated 17.05.2022 being without any reason, the same is bad in law and deserves to be quashed and set aside and hereby quashed and set aside accordingly. The order dated 03.08.2022, of cancellation of registration is also quashed and set- aside.
Nov 12, 2020 · 4. The main grounds raised by the petitioner is that the demand of service tax on the grounds relied upon in the impugned order is not in conformity with the proposals made in the show cause notice and that the notice is vague and without any details. 5. The learned counsel for the first respondent on the other hand, placed reliance on the ...
