Friends Medicos vs. Union Of INDIA & Anr.
Held
The Court found a violation of natural justice as the petitioner's reply was not considered. The demand was raised mechanically without affording a proper hearing.
Facts
The petitioner challenged a show cause notice, demand order, and rectification order under GST. The petitioner claimed they had filed a reply to the show cause notice which was not considered, leading to an ex-parte order.
Key Issues
Whether the petitioner was denied natural justice due to non-consideration of their reply to the show cause notice. The validity of certain GST notifications was also a related issue pending before the Supreme Court.
Sections Cited
Section 73, Section 168A
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. CM APPL. 81897/2025 (for exemption)
Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 19591/2025, CM APPL. 81896/2025
The Petitioner- M/s Friends Medicos has filed the present petition under Article 226 of the Constitution of India, inter alia, challenging the impugned Show Cause Notice dated 30th May, 2024 (hereinafter, ‘impugned SCN’) and consequent impugned demand order dated 29th August, 2024 (hereinafter, ‘impugned order’). The petition also raises a challenge to the rectification order dated 25th November, 2025. 4. Vide the impugned order, the total demand confirmed against the Petitioner is as follows
The judgment continues below.
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