M/S. Zareen Hasan, Cuttack vs. Assistant Commissioner, GST And Central Excise, Cuttack Ii Div.

WP(C)/26540/2024HC OrissaGSTCNR ODHC01076357202414 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO2 pages
AI SummaryRemanded

Held

The Court found that the ex parte order, made without considering the petitioner's contention, amounted to a denial of hearing. Therefore, the impugned order was set aside and the matter was restored to the adjudicating authority for fresh consideration.

Facts

The petitioner received an ex parte order demanding service tax, which she claims is exempt due to her work on single residential units. She was unaware of the proceedings until recovery actions were initiated.

Key Issues

Whether an ex parte order passed without considering the assessee's contentions amounts to a denial of natural justice, and if so, what is the appropriate remedy.

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.26540 of 2024 M/s. Zareen Hasan, Cuttack …. Petitioner Represented By Adv. – Mrs. Z.M. Wallace, Advocate -versus- Assistant Commissioner, GST and Central Excise, Cuttack and another …. Opposite Parties 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. 01.
14.11.

2024

1.

Mrs. Wallace, learned advocate appears on behalf of petitioner and submits, impugned is order dated 11th June, 2024 made by the adjudicating authority alleging paym

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.