Answer

GST

Asking for documents relied upon in the notice

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  1. Facts

    Natural justice needs you to see the evidence used against you. Courts have held that documents relied on in a notice must be shared. Ask for them in writing.

  2. Provisions and law

    • Sec 75(4), CGST Act 2017Hearing before an adverse decision
    • Sec 75, CGST Act 2017General rules for demand: hearing, adjournments, order within the notice, time limits
  3. Analysis

    If the notice relies on a DGGI report, a supplier statement or third-party data, ask for copies and, if needed, cross-examination. Without them, you cannot reply fully, and the order may be challenged.

  4. Conclusion

    1. List each document or data the notice refers to.
    2. Write to the officer asking for copies.
    3. Reply on what you have, noting what is missing.
    4. Ask for cross-examination if statements are relied on.

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