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BENQ CATERING AND ALLIED SERVICES PRIVATE LIMITED vs. ASSISTANT COMMISSIONER
(Andhra Pradesh High Court)

Hon'ble Judges:

JOYMALYA BAGCHI
K.SURESH REDDY
Pet. Counsel
K V J L N Sastry
Res. Counsel
Gp For Commercial Tax

Petitioner / Applicant

BENQ CATERING AND ALLIED SERVICES PRIVATE LIMITED

Respondent ASSISTANT COMMISSIONER
Court Andhra Pradesh High Court
State

Andhra Pradesh

Date Jun 17, 2021
Order No.

Writ Petition No.11178 of 2021

Citation

2021(6) TAXREPLY 4333

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ORDER

Petitioner-assessee has assailed the assessment order dated 25.01.2021 passed by the 1st respondent whereby CGST amount of ₹ 10,16,748/- on taxable supply declared in GSTR-I for the year 2019-20 was confirmed due to failure to file GSTR-3B inclusive of penalty and interest thereon. Learned counsel appearing for the petitioner submits upon a revised show-cause notice being issued upon his client, no opportunity of hearing was given to the petitioner-Company in terms of Section 75(4) of the Central Goods and Services Tax Act, 2017 (for short, ‘the CGST Act’). Accordingly, the impugned order suffers from breach of principles of natural justice. He relies on a decision of the Gujarat High Court in Alkem Laboratories Ltd. Vs. Union of India MANU/GJ/0223/2021 in support of such submission. Learned Government Pleader for Commercial Taxes submit opportunity of hearing had been extended to the petitionerassessee upon issuance of the initial show-cause notice. ....

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