M/S. Shree Shyam Earthmovers, Keonjhar vs. The Asst. Comnr Of GST And Central Excise, Keonjhar

WP(C)/25187/2024HC OrissaGSTCNR ODHC01070999202420 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO2 pages
AI SummaryPartly Allowed

Held

The Court quashed the assessment order for violating principles of natural justice. The petitioner was granted time to file a reply to the show cause notice.

Facts

The petitioner claims a demand-cum-show cause notice was never served, yet a best judgment assessment order was passed. The revenue could not demonstrate service of the notice.

Key Issues

Whether the assessment order was validly passed without proper service of the show cause notice, violating principles of natural justice.

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.25187 of 2024 M/s. Shree Shyam Earthmovers, Keonjhar …. Petitioner Represented By Adv. – Mr. Bijay Panda, Advocate -versus- The Asst. Commissioner of GST and Central Excise, Keonjhar …. Opposite Party Represented By Adv. – Mr. A. Kedia, Jr. Standing Counsel CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No. 02.
20.11.

2024

1.

Mr. Panda, learned advocate appears on behalf of petitioner and submits, the assessment proceeding be restored. He reiterates, the demand-cum-show cause notice was never ser

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.

See plans and prices

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 Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.