M/S. Sangram Keshari Lenka, Kendujhar vs. Chief Commissioner Of CT And GST, Odisha, Cuttack

WP(C)/31867/2024HC OrissaGSTCNR ODHC01090227202420 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
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Held

The Court quashed the impugned demand notice, finding a violation of natural justice due to the lack of a personal hearing date. The petitioner was granted two weeks to file a reply to the show cause notice.

Facts

The petitioner challenged a GST demand notice, arguing that the show cause notice failed to provide a date for personal hearing, violating natural justice principles. The petitioner also cited the pandemic as a reason for not filing a reply to the show cause notice.

Key Issues

Whether the show cause notice violated principles of natural justice by not providing a date for personal hearing. Whether the pandemic justified the delay in filing a reply.

Sections Cited

Section 74, Section 75

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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31867 of 2024

M/s. Sangram Keshari Lenka, Kendujhar …. Petitioner

Represented By Adv. – Ms. I. Tripathy, Advocate

-versus- Chief Commissioner of CT and GST, Odisha, Cuttack and another …. Opposite Parties

Represented By Adv. –

Mr. S. Das, ASC

CORAM:

THE HON'BLE MR. JUSTIC

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