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2024 (8) TMI 1457 - HC - GSTViolation of principles of natural justice - respondent No.2 failed to consider all the documents on record including the submission made by the petitioner - Time limitation - suppression of facts or not - HELD THAT - Consideration on both questions of fact and law and that the petitioner has earlier also approached the appellate forum, it is opined that the petitioner should first exhaust the statutory remedy before approaching this Court. The writ petition is disposed of with liberty to the petitioner to approach the appellate authority within a period of 10(ten) days from today. Petitioner is at liberty to raise all grounds of fact and law before the Appellate Authority.
Issues:
Challenge to tax liability, violation of natural justice, statutory remedy bypassed. Analysis: The writ petition challenged an order imposing tax liability, interest, and penalty for not obtaining service tax registration. The petitioner argued against the show cause notice on grounds of limitation and claimed exemption from service tax under a specific clause. Allegations of violation of natural justice were raised, contending that all documents were not considered. The court noted that the issues involved questions of law and fact, suggesting they should be addressed before the appellate authority. The petitioner expressed willingness to approach the appellate authority if directed, seeking a stay on recovery proceedings. The respondent argued that the petitioner bypassed the statutory remedy by directly approaching the court. The court, considering the facts and previous appeal, directed the petitioner to exhaust the statutory remedy first before approaching the court, disposing of the writ petition with liberty to approach the appellate authority within ten days. The court emphasized that it did not delve into the merits of the case and instructed the appellate authority to decide the appeal within three months. The petitioner was granted the option to request interim protection before the appellate authority. The writ petition was disposed of under the specified terms, with pending applications also being resolved.
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