Madras HC in the case of Sri Kanniga Parameswari Modern Rice Mill Versus The State Tax Officer

Case Covered:

Sri Kanniga Parameswari Modern Rice Mill

Versus

The State Tax Officer

Common Order:

Mr.ANR.Jayaprathap learned Government Advocate accepts notice for the respondent and is armed with instructions to proceed in the matter. Hence, by consent expressed by both parties, these Writ Petitions are disposed finally of even at the stage of admission.

The challenge is to four orders of assessment, all dated 09.02.2021, for the periods 2017-18 to 2020-21, passed in terms of the Tamil Nadu Goods and Service Tax Act, 2017 (in short ‘TNGST Act’). Admittedly, the personal hearing has not been granted to the petitioner prior to the passing of the impugned orders and it is contrary to the provisions of Section 74(5) of the TNGST Act, which mandates that an opportunity of personal hearing shall be granted in all cases where a specific request is received or where the Officer contemplates adverse decision against the assessee.

I reiterate my opinion expressed to this effect in an order dated 19.01.2021 passed in W.P.No.13652 of 2020 and set aside the impugned orders on the ground of violation of principles of natural justice.

Let the petitioner appear before the Assessing Authority on Wednesday, the 24th of March, 2021 along with materials, if any, in support of its stand without expecting any further notice in this regard. The Assessing Officer shall, after hearing the petitioner and considering the materials, if any circulated, pass orders of assessment de novo within a period of six (6) weeks thereafter.

These Writ Petitions are disposed of in the aforesaid terms. No costs. Connected Miscellaneous Petitions are closed.

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