Hemanta Kumar Sharma vs. Principal Comnr, GST And Central Excise Commissionerate, Bbsr

WP(C)/26824/2024HC OrissaGSTCNR ODHC01076654202405 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
AI SummaryRemanded

Held

The Court decided to set aside the impugned order to give the petitioner one last opportunity to represent his case before the authority. This decision was influenced by the petitioner's medical condition and the circumstances surrounding the original adjudication.

Facts

The petitioner challenged an order demanding interest and penalty, citing hospitalization and ill health during the period the show-cause notice was issued. His accountant appeared for the personal hearing but could not adequately represent his case.

Key Issues

Whether the petitioner was denied a fair opportunity to represent his case due to ill health and hospitalization, and if the impugned order should be set aside on these grounds.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26824 of 2024 Hemanta Kumar Sharma …. Petitioner Represented By Adv. – Mr. S.K. Mishra, Advocate -versus- Principal Commissioner, GST and Central Excise Commissionerate, Odisha, BBSR and others …. Opposite Parties Represented By Adv. – Mr. T.K. Satapathy, Advocate (Senior Standing Counsel) CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO
05.12.

2024

1.

Mr. Mishra, learned advocate, appears on behalf of petitioner and submits, under challenge is order in original dated 28th December, 2023 pursuant to demand-cum-show- cause notice dated 7th

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