Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

Madras HC Quashes GST Order Due to No Personal Hearing

Case Law Details

TaxGuru Citation
2024 taxguru.in 4323
Case Name
Tvl. Zen Machine Tools Vs State Tax Officer – I (Madras High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Tvl. Zen Machine Tools Vs State Tax Officer (Madras High Court)

The Madras High Court set aside a GST order against Tvl. Zen Machine Tools, issued on 20.07.2023, due to the absence of a personal hearing, which violated principles of natural justice. The petitioner was unaware of notices uploaded on the GST portal, leading to a failure to respond in time. The respondent admitted that no opportunity for a personal hearing was provided before issuing the order. The court remanded the case back to the tax authorities for fresh consideration, with the condition that the petitioner pays 10% of the disputed amount within two weeks. The court instructed the petitioner to submit their objections and necessary documents within two weeks after payment. The authorities were directed to provide a personal hearing before passing a new order. Additionally, the court lifted the bank account attachment issued on 15.02.2024, ordering its release by the respondent within two weeks of receiving the court’s order. The writ petition was disposed of without costs, and all related miscellaneous petitions were closed.

Cash was argued by Advocate Rupesh Sharma for Petitioner

FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT

This writ petition has been filed challenging the impugned proceedings dated 20.07.2023 passed by the 1st respondent.

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,757

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.