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Madras HC Sets Aside GST Order: Opportunity to Hearing Denied

Case Law Details

TaxGuru Citation
2024 taxguru.in 2103
Case Name
Tenkasi Shencottai Taluk Vs State Tax Officer (Madras High Court)
Date of Judgement/Order
Only available for paid members
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Tenkasi Shencottai Taluk Vs State Tax Officer (Madras High Court)

The Tenkasi Shencottai Taluk’s confrontation with the State Tax Officer over GST orders reached a pivotal juncture in the corridors of justice at the Madras High Court. With allegations of procedural unfairness looming large, the court’s verdict resonated with echoes of justice and procedural rectitude.

The crux of the matter revolved around the petitioner’s contention that the impugned GST orders, dated 06-07-2023, were passed without affording them a fundamental right – the opportunity of a personal hearing. This omission cast a shadow of doubt over the validity of the assessments for the fiscal years 2018-2019 and 2019-2020.

In a legal arena where due process is sacrosanct, the absence of a fair hearing stands as a glaring violation. The petitioner’s plea for Certiorarified Mandamus sought not merely to quash the impugned orders but to recalibrate the scales of justice, demanding a fresh assessment with the essential element of a personal hearing.

The courtroom drama unfolded with Mr. A. Satheesh Murugan, representing the petitioner, articulating the grievance with eloquence. His arguments reverberated against the backdrop of legal precedent and constitutional imperatives. On the opposite end, Mr. J.K. Jeyaselan, the learned Government Advocate, sought to uphold the sanctity of the impugned orders.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,755

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