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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
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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....