Eltus Mode Private Limited vs. Commissioner Of Dgst & Ors.
Held
The Court set aside the impugned order, granting the petitioner an opportunity to file a reply to the show cause notice. The adjudicating authority is to consider the reply and submissions at a personal hearing.
Facts
The petitioner challenged an impugned order and show cause notice related to GST. The petitioner claimed they missed the notice as it was uploaded on the portal without direct communication and sought an opportunity to file a reply.
Key Issues
Whether the petitioner was afforded a proper opportunity to be heard and file a reply to the show cause notice. The validity of certain GST notifications was also a background issue.
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.
The Petitioner – M/s Eltus Mode Private Limited has filed the present Petition under Articles 226 and 227 of the Constitution of India, inter alia, challenging the impugned order dated 01st August, 2024 (hereinafter, ‘impugned order’)passed by the Office of the Assistant Commissioner, Ward- 201, Zone-11 for the Financial Year. The present petition further challenges the Show Cause Notice (hereinafter, ‘SCN’) dated 27th May, 2025. 3. Additionally, the present petition also challenges the vires of the following notifications: ● Notification No. 56/2023- Central Tax dated 28th December, 2023; ● Notification No. 56/2
The judgment continues below.
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