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PITHAMBER DISTRIBUTORS vs. THE ASSISTANT COMMISSIONER (ST) CHENNAI
(Madras High Court)

Hon'ble Judges:

SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
M.a.mudimannan
Res. Counsel
T.n.c.kaushik

Petitioner / Applicant

PITHAMBER DISTRIBUTORS

Respondent THE ASSISTANT COMMISSIONER (ST) CHENNAI
Court Madras High Court
State

Tamilnadu

Date Apr 30, 2024
Order No.

W. P. No. 11337 of 2024, W. M. P. Nos. 12431 & 12432 of 2024

Citation

2024(4) TAXREPLY 10850

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ORDER

ORDER An order dated 31.12.2023 is challenged in this writ petition. Proceedings were initiated against the petitioner by issuing show cause notice dated 31.12.2023. The impugned order was also issued on the same date. 2. Learned counsel for the petitioner submits that the facts speaks for themselves and that both the show cause notice and the impugned order were issued on the same date. He further submits that the show cause notice was issued in breach of sub-section (2) of Section 73 of the applicable GST enactments. 3. Mr. T.N.C.Kaushik, learned Additional Government Pleader, accepts notice for the respondent. 4. On examining the documents placed on record, the contention of learned counsel for the petitioner that a reasonable opportunity was not provided is liable to be accepted. Since both the show cause notice and impugned order were issued on the same date, the impugned order is unsustainable. 5. Consequently, impugned order dated 31.12.2023 is set aside b....

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