Natraj Enterprises Through Its Proprietor Subhas Jain vs. Commissioner Of Dgst And Ors.
Held
The Court set aside the impugned order, finding that the Petitioner was not afforded a proper opportunity to be heard. The matter was remanded back to the Adjudicating Authority for a fresh adjudication.
Facts
The Petitioner challenged a show cause notice and an order confirming a GST demand. The Petitioner claimed they did not receive proper notice or an opportunity to be heard. The challenge also included the vires of certain GST notifications.
Key Issues
Whether the Petitioner was denied a proper opportunity to be heard before the GST demand was confirmed. The validity of certain GST notifications was also a point of contention, pending Supreme Court decision.
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 – Mr. Natraj Enterprises through its proprietor Mr. Subhas Jain has filed the present petition under Articles 226 and 227 of the Constitution of India, inter alia, challenging the impugned Show Cause Notice dated 12th December, 2023 (hereinafter, ‘impugned SCN’) and the impugned order dated 2nd April, 2024 passed by the Sales Tax Officer Class II/AVATO, Ward 71, Zone-6, Delhi for the tax period April 2018 to March 2019 (hereinafter, ‘impugned order’).
Vide the impugned order, the total demand confirmed against the Petitioner is as follows: Signing D
The judgment continues below.
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