SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Raj) 823

MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI
Tanushree Logistics Private Limited – Appellant
Versus
State Of Rajasthan Through Principal Secretary, Ministry Of Finance, Government Secretariat, Janpath, Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. M.P. Devnath, Advocate with Mr. Daksh Pareek, Mr. Arjun Singh, Mr. Abhishek Anand, Advocate
For the Respondents:Mr. Punit Singhvi, Advocate with Mr. Ayush Singh, Mr. Akshay Singh, Mr. Swapnil S. Sharma, Advocate

ORDER :

Heard.

2. At the outset, learned counsel for the respondents raised an objection with regard to maintainability of these writ petitions, seeking to challenge an order of assessment under Section 50 & 74 of the Rajasthan Goods and Service Tax Act, 2017 (hereinafter referred to as “the Act”) on the ground that these writ petitions have been filed against the order of assessment though the petitioner has an efficacious and alternative statutory remedy of appeal under Section 107 of the Act.

3. Learned counsel for the petitioner argued that though there exist an alternative remedy of statutory appeal, these petitions have been filed by the petitioner against the order of assessment in the matter of levy of goods and services tax for assessment years 2017-18, 2018-19 & 2019-2020 along with interest and penalty as the impugned order suffers from violation of principles of natural justice, in flagrant violation of statutory provisions with regard to issuance of show cause notice. He would submit that though the show cause notices were issued to the petitioner, the petitioner sought adequate opportunity to file reply to show cause notices, no specific date of hearing was intimated to

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top