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ATV PROJECTS INDIA LIMITED vs. ASSISTANT COMMISSIONER OF STATE TAX & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Prithviraj Choudhary
Arnab Roy
Aniket Trivedi
Res. Counsel
Jyoti Chavan
Nazia Shaikh
Maya Majumdar

Petitioner / Applicant

ATV PROJECTS INDIA LIMITED
Respondent ASSISTANT COMMISSIONER OF STATE TAX & OTHERS
Court Bombay High Court
State

Maharashtra

Date Oct 7, 2024
Order No.

WRIT PETITION NO. 3407 OF 2024

Citation

2024(10) TAXREPLY 11186
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ORDER

ORAL JUDGMENT   (PER MS SONAK J) :- 1. Heard learned Counsel for the parties. 2. Rule. The rule is made returnable immediately at the request and consent of the learned Counsel for the respective parties. 3. This petition challenges the order dated 17 January 2024 made by the Assistant Commissioner of State Tax for the Financial Year 2017-2018 under Section 74 of the Maharashtra Goods and Service Tax Act, 2017 (“MGST Act”). 4. The learned Counsel for the Petitioner submits that in the Reply filed on behalf of the Petitioner to the show cause notice, the Petitioner has stated explicitly that the Petitioner wishes to be heard in person. Still, the impugned order has been made without hearing the Petitioner, and this amounts to a breach of the provisions of Section 75 (4) of the MGST Act. 5. Learned Counsel for the Petitioner relies upon Kuehne Nagel Private Limited Vs The State of Maharashtra & Ors and Hydro Pneumatic Accessories India....

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