Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2024 (1) TMI 129

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CE ARUN BHANSALI AND HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA For the Petitioner(s) : Mr. Vijay Sharma. For the Respondent(s) : Mr. Sandeep Pathak. ORDER 1. This writ petition has been filed by the petitioner aggrieved of the order dated 13/6/2023 (Annex. 5), whereby, the petitioner has been assessed under Section 62 of the Central Goods & Services Tax Act, 2017 ('the Act, 2017'). 2. It....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lity of Rs. 51,98,302/-. 4. Learned counsel for the petitioner made vehement submissions that action of the respondents in passing the impugned best judgment assessment (Annex. 5) is wholly unjustified inasmuch as the petitioner was not afforded any opportunity of hearing as contemplated under Section 75(4) of the Act, 2017 and that a frivolous & hyped demand has been created without following th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e, the petitioner chose neither to respond nor file return and as such passing of the order impugned was the only consequence. It was prayed that the petition be dismissed. 7. Reliance was placed on Kachwala Gems, Jaipur vs. Joint Commissioner of Income Tax, Jaipur : AIR 2007 SC 487. 8. We have considered the submissions made by learned counsel for the parties and have perused the material avail....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a higher amount by itself cannot be a reason for this Court to interfere. 11. Submissions made pertaining to violation of provisions of Section 75(4) of the Act, 2017 also cannot be countenanced in the circumstances of the case inasmuch as the procedure as prescribed under Section 62 of the Act, 2017 has been meticulously followed by the respondents, which pertain to best judgment assessment and ....