Tvl.Annam Metal Industries vs. The State Tax Officer
Held
The Court did not delve into the merits of the case or the alleged violations of natural justice. The learned counsel for the petitioner sought permission to withdraw the Writ Petition, and an endorsement to that effect was made in the case bundle. Consequently, the Court dismissed the Writ Petition as withdrawn. The petitioner was granted liberty to challenge the order of the appellate authority, which had apparently rejected the appeal on the ground of delay. No costs were awarded, and the connected miscellaneous petitions were closed.
Facts
The petitioner, Tvl. Annam Metal Industries, represented by its partner, filed a writ petition before the Madurai Bench of the Madras High Court. The petition challenged an order passed by the State Tax Officer, Tirunelveli Town Assessment Circle, dated May 31, 2024. The petitioner sought to quash this order, alleging it was illegal and passed in gross violation of the principles of natural justice. They also prayed for a direction to the respondents to re-do the assessment afresh after providing an opportunity of a personal hearing, as per the provisions of the GST Act, 2017. The respondents were the State Tax Officer and the Appellate Deputy Commissioner (ST), GST Appeal, Tirunelveli.
Key Issues
1. Whether the order passed by the State Tax Officer is illegal and in gross violation of the principles of natural justice, as contended by the petitioner? 2. Whether the petitioner is entitled to a fresh assessment after being provided with an opportunity of a personal hearing, in accordance with the provisions of the GST Act, 2017? The petitioner argued that the impugned order was illegal and passed in gross violation of the principles of natural justice, and therefore, sought a fresh assessment with a personal hearing. The respondents, represented by the Additional Government Pleader, did not present any specific arguments as the petitioner sought to withdraw the petition.
Sections Cited
GST Act, 2017
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024 CORAM : THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.24375 and 24376 of 2024 Tvl.Annam Metal Industries, Rep. by its Partner T.Senthil Kumar ... Petitioner Vs. 1.The State Tax Officer, Tirunelveli Town Assessment Circle, Tirunelveli. 2.The Appellate Deputy Commissioner (ST), GST Appeal, Tirunelveli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent vide his order in GSTIN:33ABFFA4123Q1Zf/2019-20, dated 31.05.2024 and quash the same as it is illegal and passed in gross violation of the principles of natural justice and further, to direct the respondents to re-do the assessment afresh after providing an opportunity of personal hearing to the petitioner as per the provisions of the GST Act, 2017. 1/4 https://www.mhc.tn.gov.in/judis For Petitioner : Mr.A.Satheesh Murugan For Respondents : Mr.R.Suresh Kumar, Additional Governm
The judgment continues below.
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