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Tag: opportunity of personal hearing

GST ArticleHigh Court

Adjudicating Authority must provide hearing opportunity before passing an adverse order

byCA Bimal Jain30/08/202330/08/2023

The Hon’ble Allahabad High Court in B.L. Pahariya Medical Store v. State of U.P set aside the demand order passed by the Adjudicating Authority and held that, the assessee is not required to request for opportunity of personal hearing, and it remained mandatory upon Adjudicating Authority to afford such opportunity before passing an adverse order.

GST ArticleHigh Court

Refund application cannot be rejected without giving a proper opportunity

byCA Bimal Jain12/08/202312/08/2023

The Hon’ble Bombay High Court in the matter of M/s. Wallem Shipmanagement (India) Pvt. Ltd. v. The Union of India & Ors set aside the order of Adjudicating Authority of not granting refund and held that the assessee should have given time to file reply since the notice was issued during the pandemic period.

GST ArticleHigh Court

Rejection of refund application without granting opportunity of hearing is violative of principle of natural justice

byCA Bimal Jain11/08/202311/08/2023

The Hon’ble Delhi High Court in M/s Shivbhola Filaments Private Limited. v.  Assistant Commissioner of CGST restored the refund application rejected by the Adjudicating Authority and held that the assessee would not be left unheard.

GST ArticleHigh Court

Revenue Department cannot pass ex-parte rectification order u/s 161 of the CGST Act

byCA Bimal Jain08/08/202308/08/2023

The Hon’ble Madras High Court in M/s. Vadivel Pyro Works v. The State Tax Officer set aside demand raised by the Revenue Department on the ground that rectification order under section 161 of the CGST Act was passed without giving opportunity of being heard to the assessee.

GST ArticleHigh Court

Personal hearing cannot be denied without confirming from assessee

byCA Bimal Jain02/07/202302/07/2023

The Hon’ble Allahabad High Court in the case of Mohini Traders v. State of U.P. had set aside the order and held that assessee is not required to request for opportunity of personal hearing…

GST ArticleHigh Court

Set aside the order passed without providing opportunity of hearing and directed Revenue to conduct afresh proceeding

byCA Bimal Jain17/06/202317/06/2023

The Hon’ble Madras High court in the case of M/s. SHIDO Pharma held that opportunity of being heard was not granted to the assessee, which is contrary to the principle of natural justice, hence set aside the impugned order and directed the Revenue Department to conduct proceeding afresh.

GST ArticleHigh Court

Providing opportunity of hearing ensures natural justice and allows Revenue Department to pass appropriate orders

byCA Bimal Jain24/02/202324/02/2023

The Hon’ble Allahabad High Court in M/s Mohan Agencies v. State of U.P. And Another [Writ Tax No. 58 of…

GST ArticleHigh Court

Penalty order cannot be passed without serving SCN

byCA Bimal Jain19/02/202319/02/2023

The Hon’ble Delhi High Court in M/s. Sun Aviation Pvt. Ltd. v. Commissioner of Customs (Export) [W.P. (C) 17189/2022 dated…

GST ArticleHigh Court

Revenue department cannot initiate assessment proceedings once moratorium order has been passed by NCLAT

byCA Bimal Jain18/02/202318/02/2023

The Hon’ble Madras High Court in Tvl. ITNL-KMB (J.V.) v. The Deputy Commissioner of (ST), [W.P. Nos.2850 and 2852 of…

GST Article

Refund application cannot be rejected without providing opportunity of personal hearing to the assessee

byAdmin08/02/202308/02/2023

The Hon’ble Madras High Court in M/s. Lenovo India Private Limited Vs Assistant Commissioner of GST & Central Excise in…

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