Syed Mohamed Pattani vs. The Deputy State Tax Officer

WP(MD)/24926/2024HC MadrasGSTCNR HCMD01109635202422 October 2024Bench: HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ5 pages
AI SummaryDismissed

Held

The Court noted that the adequacy of evidence is not examinable under Article 226, especially when an alternate remedy exists. The petitioner was granted liberty to avail the statutory remedy of appeal.

Facts

The petitioner challenged an order passed by the respondent under GST, alleging violation of natural justice. The respondent had issued a show cause notice regarding discrepancies in returns and claimed Input Tax Credit from ineligible suppliers, to which the petitioner replied but allegedly failed to submit supporting documents.

Key Issues

Whether the High Court should interfere under Article 226 when an alternate statutory remedy of appeal is available. Whether the principles of natural justice were violated in the passing of the impugned order.

Sections Cited

Section 107

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Before: and

The present Writ Petition is filed challenging the order dated 27.08.2024 on the ground that the same is made in violation of principles of natural justice.

2.

It is submitted by the learned counsel for the petitioner that the petitioner is engaged in supply of fertilizers and is a registered dealer

The judgment continues below.

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Reproduced from the public record of the Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.