Impugned orders were passed against petitioner without serving ...

Violation of Natural Justice: GST Orders Quashed for Lack of Proper Notice.

September 2, 2024

Case Laws     GST     HC

Impugned orders were passed against petitioner without serving show cause notice or providing opportunity for personal hearing, violating principles of natural justice. Mere uploading of notices on GST Portal under 'View Notice and Orders' and 'View Additional Notices and Orders' tabs cannot be deemed sufficient service. As a small concern, petitioner was unaware of notices on portal until contacted by department. Orders passed ex parte without hearing petitioner are unsustainable and violate Articles 14 and 19(1)(g) of Constitution. Impugned orders set aside and matter remanded to department for fresh consideration after providing opportunity to petitioner.

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