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ASHADEEP MULTRITRADE PVT LTD & OTHERS vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

B.P. COLABAWALLA
FIRDOSH P. POONIWALLA
Pet. Counsel
Swapnil Kolte
Anshul Jain
Rahul Dubey
Res. Counsel
S. D. Vyas
A. R. Deolekar

Petitioner / Applicant

ASHADEEP MULTRITRADE PVT LTD & OTHERS
Respondent UNION OF INDIA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Apr 24, 2025
Order No.

WRIT PETITION NO. 5359 OF 2025

Citation

2025(4) TAXREPLY 13055
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ORDER

P.C. 1. The above Writ Petition is filed interalia challenging Notification No. 56/2023-Central Tax dated 28th December 2023 and Notification No. 56/2023-State Tax dated 16th January 2024 issued under Section 168A of the Central Goods and Services Tax Act, 2017 (CGST Act) read with Section 168A of the Maharashtra Goods and Services Tax Act, 2017 (MGST Act). Apart from these Notifications, what is challenged are Recovery Notices, Attachment Notices and the Impugned Order dated 16th August 2024. 2. Though in the Petition several grounds are canvassed challenging the impugned order and the notices mentioned above, one of the grounds canvassed is that the show cause notice was never properly served on the Petitioner and the impugned order has been passed without giving a personal hearing to the Petitioner. Hence, there is a clear breach of principle of natural justice which itself makes the impugned order vulnerable to challenge. If the impugned order is unsustainable, naturally....

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