M/S Girish Chandra Bhatt Contractor Vs Commissioner Uttarakhand State Goods And Service Tax Commissionerate And Others

Uttarakhand High Court 25 Sep 2024 Writ Petition Miscellaneous Single No. 2190 Of 2024 (2024) 09 UK CK 0161
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition Miscellaneous Single No. 2190 Of 2024

Hon'ble Bench

Pankaj Purohit, J

Advocates

Tarun Pande, Ashish Agarwal, Mohit Maulekhi, Siddharth Jain

Final Decision

Allowed

Acts Referred
  • Uttarakhand Goods and Services Tax Act, 2017 - Section 73(1)

Judgement Text

Translate:

Pankaj Purohit, J

1. Heard learned counsel for the parties.

2. Petitioner is before this Court, feeling aggrieved by the order dated 26.12.2023 (Annexure No.1), whereby, the tax liability and penalty along with

interest was imposed upon the petitioner.

3. It is submitted by the learned counsel for the petitioner that before passing aforesaid order, petitioner has got a right to be issued a show-cause

notice by the respondent-department under Section 73 (1) of the Uttarakhand Goods and Services Tax Act, 2017 (hereinafter to be referred to be as

the Act).

4. It is further submitted by learned counsel for the petitioner that though the show-cause notice to the petitioner was uploaded in the official website

of the respondent-department, but the same could not be accessed by the petitioner due to technical snag in the official website of the respondent-

department.

5. An innocuous prayer is being made by the learned counsel for the petitioner that if the show-cause notice is given to the petitioner physically,

petitioner shall reply the same and this way, he will have an opportunity to contest the claim on merits.

6. The proposition so offered by the learned counsel for the petitioner is not opposed by learned counsel for the respondents.

7. Accordingly, writ petition is allowed. The impugned order dated 26.12.2023 (annexure No.1) is hereby quashed. Petitioner is directed to visit the

office of the respondent No.2 within 07 days from today. If the petitioner appears before the proper officer, the proper officer shall give the copy of

the show-cause notice under Section 73(1) of the Act to the petitioner immediately and petitioner shall submit the reply thereon to the proper officer

within 15 days there from. The proper officer shall accordingly decide the objection filed by the petitioner thereafter and to pass the appropriate orders

as per law.

8. Pending application(s), if any, also stands disposed of.

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