M/S. Royal Infraconstru LTD. Khordha vs. The Chairman, Central Board Of Indirect Taxes And Customs, New Delhi

This matter is taken up by hybrid mode.

Heard.

The Petitioner has filed this writ petition seeking to quash the order dated 28.11.2023 and consequential DRC-07 dated 15.12.2023 passed by Opposite Party No.3-Assistant Commissioner, Bhubaneswar, Odisha under Section 73 of the OGST Act without granting any opportunity of personal hearing to the Petitioner and an ex-parte order has been passed.

Learned counsel appearing for the Petitioner vehemently contended that Opposite Party No.3-Assistant Commissioner, Bhubaneswar, Odisha has passed the order dated 28.11.2023 under Section 73 of the OGST Act without giving any opportunity of hearing to the Petitioner. Therefore, the Petitioner approached this Court by way of filing this writ petition. He is further contended that the case of the Petitioner is fully covered by the judgment of this Court in Khani Khyatigrasta Gramya Committee v. The Commissioner of Commercial Tax & GST and Another (in W.P.(C) No.27946 of 2023, disposed of on 09.11.2023).

Learned Counsel appearing for the Opposite Parties- Department contended that since the Petitioner has not been given opportunity of hearing, the matter has to be remanded to the authority concerned so that opportunity of hearing can be given to the Petitioner in consonance with the provision of law.

Considering the contentions raised by the learned counsel appearing for the parties, but, however without expressing any opinion on the merits of the case, since the Central Tax officer while passing the orders dated 28.11.2023 and 15.12.2023 has not been given opportunity of hearing to the Petitioner, the said orders cannot be sustained in the eye of law. Accordingly, the orders dated 28.11.2023 and 15.12.2023 are liable to be quashed and are hereby quashed. Therefore, this Court remits back to the very same authority to rehear the matter afresh in accordance with law after giving opportunity of hearing to the Petitioner taking into consideration the ratio decided by this Court in Khani Khyatigrasta Gramya Committee (supra).

With the above observation, the writ petition stands disposed of.