THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.14446 of 2014
DATED:15.07.2014 Between:
M/s. Zaheerabad Transport, Zaheerabad Town, Medak District. And The Union of India, Through the Ministry of Finance, Represented by the Finance Secretary, New Delhi and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.14446 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
By this writ petition, the order dated 20.3.2014 issued by Sri M.Rama Mohana Rao, Deputy Commissioner of Customs, Central Excise and Service Tax, has been challenged.
In the impugned order, the petitioner herein, namely, M/s. Zaheerabad Transport has been served with demand for payment of service tax. In this writ petition, the grievance of the petitioner is that without giving any opportunity of hearing to the petitioner, the impugned order was passed. A case has been made out in paragraph- 8 of the affidavit filed in support of the writ petition. In the counter affidavit, the aforesaid assertion has not been denied at all.
Therefore, we conclude that the impugned order has been passed without giving any opportunity of hearing to the petitioner. Accordingly, we set aside the impugned order with liberty to the respondents to proceed afresh in accordance with law, if they are so advised.
The writ petition is accordingly disposed of.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 15th July, 2014 pnb SANJAY KUMAR, J