Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (12) TMI 833

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Mr. Rahul Sarda. ORDER :- 1. This petition filed under Article 226 of the Constitution of India seeks various reliefs, however at the time of hearing of the proceedings learned counsel for the Petitioner has prayer clause (a) of the petition which reads thus:- "(A) That Your Lordships may be pleased to issue a Writ of Certiorari or any other appropriate writ, direction or order, thereby qua .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... came to know about the proceedings from his suppliers and, therefore, such letter was addressed. The Petitioner in the said letter also requested for an adjournment of 30 days, so as to enable him to make submissions and for personal hearing. The Respondents handed over the hard-copy of the show cause notice dated 27th June 2022 to the authorised representative of the Petitioner. Thereafter, on 21 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on of Section 75(4) of the CGST Act. The Petitioner further submitted that since there is a gross violation of principles of natural justice, this Court ought to exercise its jurisdiction under Article 226 of the Constitution of India and not relegate the Petitioner to an alternate remedy. Thus, the Petitioner has prayed for quashing of the impugned order and for a personal hearing to be granted a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng 30 days time for making submissions and for personal hearing. The impugned order came to be passed within two weeks from the date of application for adjournment without the Respondents replying to the request for adjournment of the Petitioner. In our view, the Respondents ought to have replied to the adjournment request in writing before proceedings to pass the impugned order. The Respondents o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uary 2024. (iii) The Petitioner to appear before Respondents on 25th January 2024 for a personal hearing. (iv) Respondents to pass a speaking order after considering the written and oral submissions of the Petitioner on or before 28th February 2024. (v) We make it expressly clear that there would be no modification of the schedule referred to hereinabove. (vi) All contentions of the partie .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates