The HC held that the petitioner should be given an opportunity ...

Opportunity for Defense Mandated Before Ex Parte Tax Liability Order Under GST Act.

January 2, 2025

Case Laws     GST     HC

The HC held that the petitioner should be given an opportunity to defend itself by filing objections and submitting documents before the assessing officer/competent authority, as the order imposing tax liability was passed ex parte without proper service of show cause notice under GST Act. The principle of audi alteram partem mandates that no one should be condemned unheard, and procedural lapses shouldn't deprive parties of their right to appeal. The impugned order was treated as a show cause notice to enable petitioner to file reply.

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