2015 (3) TMI 594 - HC - VAT and Sales Tax

Validity of order confirming the turn over proposed in the Pre-Revision notice - violation of principle of natural justice - opportunity of hearing not given - Held that - The averments of the parties and a glance of the impugned order clearly shows that personal hearing has not given by the authority and hence, the impugned order is liable to be quashed. Accordingly, the same is quashed and the matter is remitted to the Authority concerned, who shall hear the petitioner and pass appropriate orders on merits and in accordance with law. - Decided in favour of assessee.

Summary

Issues involved:
1. Lack of opportunity for personal hearing before passing the impugned order.
2. Validity of the order confirming turnover proposed in the Pre-Revision notice.
3. Remedies available to the petitioner when objections were considered in the order.

Analysis:
1. The petitioner, a Non-Banking Finance Company, received a notice to furnish documents and returns for audit related to input tax availed on cars purchased. Despite seeking a personal hearing, the impugned order was passed without considering objections, leading to the petitioner filing a writ petition. The court noted the absence of a personal hearing and quashed the order, remitting the matter back to the authority for a fresh decision after providing the petitioner with an opportunity for a personal hearing.

2. The Government Advocate argued that objections were considered, and the order was passed on merits, suggesting the petitioner seek remedy through a different forum instead of the court. However, the court found that the lack of a personal hearing invalidated the order, emphasizing the importance of providing such an opportunity before passing final decisions on tax matters. The court directed the petitioner to appear before the authority, submit relevant documents, and receive a new decision within a specified timeframe.

3. The court's decision highlights the significance of procedural fairness in tax assessments, emphasizing the right to a personal hearing before adverse orders are issued. By setting aside the previous order due to the absence of a personal hearing, the court ensures that the petitioner is given a fair chance to present their case and have their objections considered before a final decision is made. This judgment underscores the principles of natural justice and due process in administrative proceedings, particularly in matters involving tax assessments and input tax credit claims.