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DEZY SAGAR AGARWAL vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Rutuja Pawar
Hetal Laghave
Sneha
Res. Counsel
J. B. Mishra
Ashutosh Mishra
Sangeeta Yadav

Petitioner / Applicant

DEZY SAGAR AGARWAL

Respondent UNION OF INDIA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Oct 22, 2024
Order No.

WRIT PETITION NO. 1676 OF 2024

Citation

2024(10) TAXREPLY 11361

Original Order
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ORDER

PC.:- 1. Heard learned counsel for the parties. 2. This petition challenges the impugned Order-in-Original dated 30 November 2023 made by the Joint Commissioner CGST (Respondent No. 3). 3. Mr. Mishra, learned counsel for the Respondents, submitted that the Petitioner has an alternate efficacious remedy of appeal to the Commissioner (Appeals). 4. Ms. Rutuja Pawar, learned counsel for the Petitioner, submits that this is a case of failure of natural justice. She submits that where there is failure of natural justice, the Petitioner cannot be relegated to avail of the alternate remedy. She submitted that this is one of the well-known exceptions in the context of the exhaustion of alternate remedies. 5. Ms. Pawar submits that, in this case, copies of the non-relied-upon documents were not furnished to the Petitioner despite several requests. She further states that there was no notice of the hearing before the Joint Commissioner, which resulted in the Petitioner bein....

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