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2023 (10) TMI 217 - HC - GSTMaintainability of petition - availability of alternative remedy - Violation of principles of natural justice - non-affording of personal hearing to the petitioner - HELD THAT:- The show cause notice dated 22.07.2022 (Annexure P/5) issued under Section 74 of the Act, itself shows that before passing final order dated 24.08.2022 (Annexure P/6), the intention of the respondents was to give personal hearing to the petitioner as required under the law, but in the table given below, captioned as “Details of personal hearing etc.”, no Date, Time and Venue of personal hearing has been shown and in front of columns 3,4&5 of Date, Time and Venue, NA has been mentioned, which is sufficient to infer that no personal hearing was given to the petitioner before passing the impugned order dated 24.08.2022. Availability of alternative remedy of appeal - HELD THAT:- It is well settled that when due opportunity of hearing, as required under the law, has not been afforded and principle of natural justice has not been followed, then the question of availability of alternative remedy does not come in the way for exercising jurisdiction under Article 226 of the Constitution of India. The matter is remitted back to the Deputy Commissioner, Audit Wing, Jabalpur for passing order afresh, after giving personal hearing to the petitioner - Petition allowed.
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