Case Title | TEK XPLORE THROUGH ITS PROPRIETOR MS. RENUKA MAINI vs THE UNION OF INDIA & ORS. |
Court | Delhi High Court |
Honorable Judges | JUSTICE SANJEEV SACHDEVA JUSTICE RAVINDER DUDEJA |
Citation | 2024 (02) GSTPanacea 30 HC Delhi W.P.(C) 2241/2024 & CM. APPLS. 9288-89/2024 |
Judgment Date | 15-February-2024 |
The petitioner is challenging an order dated December 24, 2023, which overturned a Show Cause Notice issued on September 24, 2023, and established a demand against the petitioner. The petitioner’s counsel argues that the petitioner was unable to respond to the Show Cause Notice due to a bereavement.
In the case of “The Husband of the Proprietor” versus the relevant authorities, the petitioner challenges a Show Cause Notice issued under Sections 16(2)(c) and 17(5) of the Goods and Services Tax Act, 2017. The petitioner argues that the demand mentioned in the notice is unjustified and that a duplicate demand has been made under both provisions. Additionally, the petitioner criticizes the impugned order for being cryptic and devoid of reasoning.
Upon examination, the court finds merit in the petitioner’s arguments. The order in question lacks substantive details and merely states the necessity to proceed with the demands outlined in the Show Cause Notice. As a result, the court sets aside the impugned order and grants the petitioner an opportunity to respond to the Show Cause Notice within one week. Following the submission of the petitioner’s reply, the proper officer is directed to re-adjudicate the matter within four weeks, providing the petitioner with a chance for a personal hearing. It is emphasized that the proper officer must issue a comprehensive and reasoned order in this regard.
The case at hand has been resolved with the disposal of the petition on the terms outlined above. This disposition signifies that the matter has been settled according to the specified conditions. Additionally, it is noted that all rights and contentions of the parties involved are reserved, indicating that any further legal actions or claims related to the case are not precluded by this resolution. This summary encapsulates the conclusion of the legal proceedings, leaving room for any future actions that may arise from the parties involved.
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TEK XPLORE THROUGH ITS PROPRIETOR MS. RENUKA MAINI
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