Thursday, May 14, 2026
HomeCase LawsDemand order passed without adequate opportunity of hearing is not sustainable.

Demand order passed without adequate opportunity of hearing is not sustainable.

Case Details:

Particular Details
Case No. WP(MD)No. 24778 of 2022
Case Name Ramki Cements Pvt Ltd Vs State Tax Officer
Court Madras High Court (Madurai)
Date of Judgement 01-11-2022

 

Issue- In the above case, the goods of the petitioner was detained, and the notice was issued to driver of vehicle, but such notice was not received by the petitioner and respondent passed demand of tax and penalty in form GST-MOV-09.

Held- It was held that show cause notice was issued to driver but was not received by the petitioner, however, adequate opportunity was also not provided to petitioner, therefore, demand of tax and penalty is not adequate and thus, respondent was directed to issue a fresh notice to enable the petition to submit a suitable reply.

RELATED ARTICLES

Leave a Reply

Most Popular

Recent Comments

Discover more from GST Indiaguide

Subscribe now to keep reading and get access to the full archive.

Continue reading