Violation of principles of natural justice - Seeking ...

Court Remands Case for Re-Adjudication Due to Natural Justice Violation in Coal Cess Refund Dispute.

March 8, 2024

Case Laws GST HC

Violation of principles of natural justice - Seeking proportionate refund of cess i.e., cess paid on coal which was utilized in zero-rated supplies - The High Court noted that the fixing of the personal hearing date before the expiry of the 15-day period for submitting a reply to the show-cause notice deprived the petitioner of adequate time to respond effectively. The court highlighted the necessity of allowing parties sufficient time to prepare and present their case. - The rejection order of the refund claim was criticized for being a non-speaking order, as it failed to provide reasons for the rejection, which is a mandatory requirement under Rule 92(3) of the Rules. - Matter restored back for re-adjudication.

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Violation of principles of natural justice - Seeking ...

Court Remands Case for Re-Adjudication Due to Natural Justice Violation in Coal Cess Refund Dispute.

March 8, 2024

Case Laws GST HC

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