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HARDCASTLE RESTAURANTS PRIVATE LIMITED AND ANOTHER vs. UNION OF INDIA AND OTHERS
(Bombay High Court)

Hon'ble Judges:

M.S.SANKLECHA
NITIN JAMDAR
Pet. Counsel
Rohan P.shah
Divya Jeswant
Mayank Jain
Res. Counsel
Zoheb Hussain
J.b.mishra

Petitioner / Applicant

HARDCASTLE RESTAURANTS PRIVATE LIMITED AND ANOTHER
Respondent UNION OF INDIA AND OTHERS
Court Bombay High Court
State

Maharashtra

Date Aug 27, 2019
Order No.

WRIT PETITION NO. 3492 OF 2018

Citation

2019(8) TAXREPLY 1924
Original Order
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ORDER

This Petition under Article 226 of the Constitution of India, challenges to the order dated 6th November, 2018 passed by the National Anti-Profiteering Authority (Authority), constituted under the Central Goods & Service Tax Act, 2017 (the Act). 2. At the very outset it was pointed out to us that the impugned order dated 6th November, 2018 was passed by four members of the Authority, while the application itself was heard only by three members. Consequently, it was submitted that the impugned order is in breach of principle of natural justice. In support, the Petitioner placed reliance upon the decisions of the Allahabad High Court in Emperor v.s, Dasrath Rai 1933 Indian ILR Allahabad Series 595 and Mushtaq Ali v/s. State (SCC) Online (Allh.) 60 to contend that such an order is a void order being in breach of principle of natural justice. 3. On the other hand, the learned Counsel for the Respondents submitted that the hearing by the three members and the order ....

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