M/S Davinder Chicken Centre vs. Sales Tax Officer/Class Ii Sto, Dgst & Anr.
Held
The Court found that the petitioner did not get a proper opportunity to be heard. Therefore, the matter was remanded back to the Adjudicating Authority to allow the petitioner to file a reply to the SCN and participate in fresh proceedings.
Facts
The petitioner challenged an order raising a GST demand and the vires of certain GST notifications. The petitioner had not filed a reply to the Show Cause Notice (SCN) or attended the personal hearing.
Key Issues
Whether the petitioner was denied an opportunity to be heard, and the validity of GST notifications issued under Section 168A.
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 Davinder Chicken Centre has filed the present Petition under Articles 226 and 227 of the Constitution of India, inter alia, challenging the impugned order dated 24th August, 2024 passed by the Sales Tax Officer Class II/AVATO, Ward 58, Zone-4, Delhi for the tax period April 2019 to March 2020 (hereinafter, ‘impugned order’).
In the present petition the demand raised is to the following effect: W.P.(C) 19196/2025
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.