Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (11) TMI 834

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the principles of natural justice - HELD THAT:- If tax payer has requested to grant personal hearing and the same was considered and granted. However, except this, in the impugned order, it is not specifically mentioned as to what date was fixed for personal hearing after filing reply by the petitioner and what happened on the date i.e., whether the petitioner and his counsel were present or not. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... HON BLE SRI JUSTICE T.MALLIKARJUNA RAO Sri Karan Talwar, Learned Counsel Appearing For the Petitioner, Sri Y.N. Vivekananda, Learned Government Pleader for Commercial Tax ORDER: (PER HON BLE SRI JUSTICE U. DURGA PRASAD RAO) 1. In this writ petition, the petitioner seeks a Writ of Mandamus declaring the Notification No.4/2018-Central Tax (Rate) dated 25.01.2018 as ultra vires t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dmission with the consent of both the parties. 3. Learned counsel for the petitioner would submit, as against the show cause notice dated 31.12.2021, the petitioner submitted its reply dated 04.03.2022 wherein the petitioner has specifically prayed the 1st respondent to afford a personal hearing in view of involvement of voluminous record as well as the factual and legal aspects to be submitted .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... l hearing and the same was considered and granted. However, except this, in the impugned order, it is not specifically mentioned as to what date was fixed for personal hearing after filing reply by the petitioner and what happened on the date i.e., whether the petitioner and his counsel were present or not. Be that as it may, in the additional affidavit, at paragraph 4, it was mentioned that no op .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r is remanded back to the 1st respondent with a direction to give the notice to the petitioner, fixing a date for personal hearing and afford an opportunity to the petitioner to submit its argument and consider the submissions and pass appropriate order, in accordance with governing law and rules, expeditiously. 8. The writ petition is disposed of accordingly. No costs. 9. Miscellaneous peti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates