M/S Padam Kishore And Company Through Its. Prop. Sh. Naveen Sachdeva vs. Union Of INDIA And Ors.
Held
The Court set aside the impugned order and remanded the matter back to the adjudicating authority. The petitioner was granted time to file a reply to the show cause notice and attend a personal hearing.
Facts
The petitioner challenged a show cause notice and an order confirming a tax demand for the period April 2019 to March 2020. The petitioner claimed they had surrendered their GST registration and did not receive proper opportunity to file a reply or attend personal hearings.
Key Issues
Whether the petitioner was denied a proper opportunity to be heard before the tax demand was confirmed. The validity of certain notifications issued under Section 168A was also challenged but left open for determination by the Supreme Court.
Sections Cited
Section 168A, Section 73
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Prathiba M. Singh, J.
This hearing has been done through hybrid mode.
The Petitioner- M/s Padam Kishore & Company has filed the present petition through its proprietor Naveen Sachdeva under Articles 226 and 227 of the Constitution of India, inter alia, challenging the impugned Show Cause Notice dated 27th May, 2024 (hereinafter, ‘impugned SCN’) as also the impugned order dated 22nd August, 2024 passed by the Sales Tax Officer Class II/AVATO, Ward 103, Zone-9, Delhi for the tax peri
The judgment continues below.
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