Mahalaxmi Rexine And Metal Traders vs. State Tax Officer (2)
(Gujarat High Court, Gujrat)

Case Law
Petitioner / Applicant
Mahalaxmi Rexine And Metal Traders
Respondent
State Tax Officer (2)
Court
Gujarat High Court
State
Gujrat
Date
Apr 12, 2019
Order No.
R/SPECIAL CIVIL APPLICATION NO. 7318 of 2019
TR Citation
2019 (4) TR 2294
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. Mr. D. K. Trivedi, learned advocate for the petitioners inter alia submitted that initially the petitioners were called for hearing in respect of the notice under section 130 of the Central Goods and Services Tax Act, 2017 read with the relevant provision of the other statutes on 5.4.2019. The attention of the court was invited to Annexure-G to point out that the petitioners had filed their reply dated 4.4.2019 which was duly received by the authority on 5.4.2019. It was submitted that however, the concerned authority was not available on that date, and hence, the matter could not be heard. It was submitted that the petitioners were told that the hearing would take place on 8.4.2019, however, the impugned order has been passed on 5.4.2019 in breach of the principles of natural justice.

2. Having regard to the submissions advanced by the learned advocate for the petitioners, Issue Notice and Notice as to interim relief, returnable on 15th April, 2019. On the returnable date, the respondents shall state as to on what date, an opportunity of hearing in connection with the notice under section 130 of the CGST Act was granted to the petitioners.

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