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SRI SAI VISHWAS POLYMERS vs. DEPUTY COMMISSIONER AND ANOTHER
(Uttarakhand High Court)

Hon'ble Judges:

G. NARENDAR
ALOK MAHRA
Pet. Counsel
Akash Verma
Deepak Kumar Tamta
Res. Counsel
Puja Banga

Petitioner / Applicant

SRI SAI VISHWAS POLYMERS

Respondent DEPUTY COMMISSIONER AND ANOTHER
Court Uttarakhand High Court
State

Uttarakhand

Date Jun 5, 2025
Order No.

WRIT PETITION (M/B) No. 316 OF 2025

Citation

2025(6) TAXREPLY 13617

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ORDER

Heard the learned counsel for the petitioner, and the learned Brief Holder for the State of Uttarakhand. 2. The short point, that is canvassed before this Court is that the Assessing Officer has passed the order of assessment in violation of the provisions of sub-section (4) of Section 75 of the Central Goods and Services Tax Act, 2017 (for short “CGST Act”). Section 75 of the CGST Act deals with the general provisions relating to determination of tax, and the procedure that is required to be adopted by the Assessing Authority, while completing the process of assessment. One such pre-requisite is that the Assessing Authority is required to afford an opportunity of personal hearing, where it is requested by the Assessee in writing, or where any adverse decision is contemplated against such person, meaning thereby that the Assessing Authority is required to comply with the mandate of sub-section (4) of Section 75 in either of the two circumstances, i.e. where a request....

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