9911796707
TMI Blog2024 (7) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... 'No' in the column meant to mark the assessee's choice to avail personal hearing, would bear no legal consequence. Even otherwise in the context of an assessment order creating heavy civil liability, observing such minimal opportunity of hearing is a must. Principle of natural justice would commend to this Court to bind the authorities to always ensure to provide such opportunity of hearing. It has to be ensured that such opportunity is granted in real terms - The stand of the assessee may remain unclear unless minimal opportunity of hearing is first granted. Only thereafter, the explanation furnished may be rejected and demand created. The impugned order dated 26.12.2023 is set aside - The matter is remitted to respondent no.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Venue where personal hearing will be held . Thus, it is the objection of learned counsel for the petitioner, the petitioner was completely denied opportunity of oral hearing before the Assessing Authority. 5. Relying on Section 75(4) of the U.P. GST Act, 2017 (hereinafter referred to as the 'Act') as interpreted by a coordinate bench of this Court in Bharat Mint Allied Chemicals Vs. Commissioner Commerical Tax 2 Ors., (2022) 48 VLJ 325, it has been then asserted, the Assessing Authority was bound to afford opportunity of personal hearing to the petitioner before he may have passed an adverse assessment order. Insofar as the assessment order has raised disputed demand of tax about Rs. 13,11,779/- , the same is wholly adverse to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 'No' in the column meant to mark the assessee's choice to avail personal hearing, would bear no legal consequence. 9. Even otherwise in the context of an assessment order creating heavy civil liability, observing such minimal opportunity of hearing is a must. Principle of natural justice would commend to this Court to bind the authorities to always ensure to provide such opportunity of hearing. It has to be ensured that such opportunity is granted in real terms. Here, we note, the impugned order itself has been passed on 26.12.2023, while reply to the show-cause-notice had been entertained on 16.10.2023. The stand of the assessee may remain unclear unless minimal opportunity of hearing is first granted. Only thereafter, the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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