Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
GST - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

HC invalidated ex parte orders issued by tax authorities due to ...


GST Orders Quashed After Tax Department Failed to Serve Physical Notices and Denied Hearing Opportunity to Assessee

February 10, 2025

Case Laws     GST     HC

HC invalidated ex parte orders issued by tax authorities due to violation of natural justice principles. The respondent-Department failed to properly serve notices through physical means, only posting them on GST Portal's 'View of additional notices and orders' section, which petitioner was unaware of. The Court found that passing orders without providing opportunity for hearing violated fundamental procedural fairness. Orders were set aside and matter remanded to first respondent for fresh consideration with direction to ensure proper notice and hearing opportunity to petitioner. The ruling emphasizes mandatory compliance with natural justice principles in administrative proceedings, particularly regarding adequate notice and right to be heard.

View Source

 


 

You may also like:

  1. Petitioner failed to authorize representative for GST matters after registration under GST regime, resulting in show cause notice being served on auditor without...

  2. The High Court quashed the impugned show cause notice for service tax demand exceeding Rs. 50,00,000/- due to the department's failure to conduct mandatory pre-notice...

  3. Impugned orders were passed against petitioner without serving show cause notice or providing opportunity for personal hearing, violating principles of natural justice....

  4. Validity of assessment order and bank attachment notice - no personal hearing provided - The High court notes that the petitioner was not heard before the order issuance...

  5. The ITAT held that the order passed by the Commissioner of Income Tax (Appeals) [CIT(E)] u/s 263 of the Income Tax Act was quashed. The notice issued u/s 263 was not...

  6. The impugned order violated principles of natural justice by failing to provide an opportunity of hearing to the Petitioner, despite a written request, contravening...

  7. Garnishee notice - the issuance of Garnishee notice dated 25.02.2022 are in violation of principles of natural justice and the procedure prescribed under the JGST Act,...

  8. Validity of reopening of assessment - Re-opening notice u/s 148A(d) - personal hearing refused - the High court concluded that Section 148A(b) does not mandate a...

  9. Petitioner challenged order u/s 73 of GST Act creating demand, as notices were uploaded on GST portal's 'Additional Notices and Orders' tab, unbeknownst to petitioner...

  10. Service of Notices after cancellation of GST registration - Validity of assessment order and demand of GST - The High Court observed that the registration was cancelled,...

  11. The court found the petition maintainable despite the time limitation, as the petitioner failed to notice the show cause notice (SCN) posted on the GST common portal....

  12. HC quashed tax demand order under GST Act due to procedural irregularities in notice service. Petitioner claimed no awareness of notices or orders, preventing timely...

  13. Levy of penalty for non-fulfilment of export obligation under Export Promotion Capital Goods (EPCG) authorizations was challenged. The specific case involved the...

  14. Cancellation of petitioner’s GST registration - fraudulent purchase - The High Court quashed the Show Cause notice (SCN) which proposed to cancel the petitioner's GST...

  15. Validity of demand of GST - summary of show cause in Form GST-DRC-01 under Rule 142(1) - The uploading or serving of summary of show cause in Form GST-DRC-01 under Rule...

 

Quick Updates:Latest Updates