HIGH COURT OF UTTARAKHAND
MS S S MEDICAL SYSTEMS INDIA PRIVATE LIMITED – Appellant
Versus
THE COMMISSIONER STATE TAX – Respondent
WPMB 1016 / 2025
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2025:UHC:11562-DB
Office Notes,
reports, orders
or proceedings
S NL o.
.
Date or directions COURT’S OR JUDGE’S ORDERS
and Registrar’s
order with
Signatures
WPMB 1016/ 2025
WPMB 1017/ 2025
WPMB 1018/ 2025
Hon’ble Manoj Kum ar Tiw ari, J.
Hon’ble Subhash Upadhyay, J.
Mr. Tarun Pande, Advocate, for the
petitioner.
Ms. Pooja Banga, Brief Holder, for
the State.
(2) Since common questions of fact
and law are involved in these writ petitions,
therefore, these are being heard and
decided together by this common
judgment. However, for brevity, facts of
Writ Petition (M/B) No. 1016 of 2025 alone
are being considered and discussed here.
(3) Petitioner is a taxable person
registered with Uttarakhand GST. He is
challenging the order dated 15.12.2024,
passed by State Tax Officer, Vikas Nagar.
Reliefs sought in the writ petition are as
under:
“a. issue a writ of certiorari or a
writ in the nature of certiorari to quash and
set aside the Impugned Order in Original
dated 25.07.2024 (Annexure No. 1) as the
same has been passed in utter disregard to
the principles of natural justice.
b. issue a writ of certiorari or a
writ in the nature of mandamus directing
Respondent No. 2/Respondent No. 3 to re-
decide the matter after providing an
opportunity of personal hearing to the
petitioners and after considering all the
submissions and documents;
c. issue a writ of certiorari or a
writ in the nature of certiorari to quash and
##PAGE2##2025:UHC:11562-DB
set aside the Impugned Appellate Order
dated 30.08.2025 (Annexure No. 6) passed
by Respondent No. 2;”
(4) The main ground of challenge
raised by the petitioner is that opportunity
of personal hearing was not given to him,
as is required under Section 75(4) of
Uttarakhand GST Act. Learned Counsel for
the petitioner submits that the date of
personal hearing indicated in the show
cause notice was 12.3.2024 and last date
of filing reply was mentioned as 24.3.2024
in the show cause notice. Thus it is
submitted that virtually the right of
personal hearing was denied to the
petitioner, as personal hearing can only be
after submission of reply.
(5) Ms. Pooja Banga, learned State
Counsel, concedes that identical issue was
decided by coordinate Bench of this Court
in Writ Petition (M/B) No. 123 of 2025.
(6) Since the issue is covered,
therefore, these writ petitions are also
decided in terms of the judgment rendered
in Writ Petition (M/B) No. 123 of 2025.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
24.12.2025
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