ArticleGST Article

Review Petition by Revenue dismissed against earlier Order Quashing GST Demand on Breach of Natural Justice

The Hon’ble Calcutta High Court in the case of The Assistant Commissioner of West Bengal State Tax, Cooch Behar Charge & Ors. held that the Revenue’s review petition against the earlier judgment quashing the demand for violation of principles of natural justice was not maintainable, as no error apparent on the face of the record, no discovery of new evidence, and no other statutory ground for review under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 were made out.

ArticleGST Article

Non-effective portal notices, without a fair hearing or opportunity to reply, violate principles of natural justice

The Hon’ble Delhi High Court in the case of Kurlon Retail Limited held that where a show cause notice and reminders are only uploaded on the “Additional Notices & Orders” tab of the GST portal, without proper notice or opportunity of hearing, the resulting ex-parte adjudication order violates principles of natural justice and must be set aside…

ArticleGST Article

GST Registration Cancellation order set aside as no physical notice was served

The Hon’ble Allahabad High Court in Kanhaiya Traders , has held that the cancellation of GST registration without issuance of physical/ offline notice to the assessee prior to adjudication order amounts to violation of natural justice, and therefore the cancellation order is to be set aside with directions to afford the assessee opportunity to submit final reply and personal hearing before passing a fresh order.

GST ArticleHigh Court

Demand Order issued before expiry of period of filing reply not valid; violates principles of natural justice

The Hon’ble Andhra Pradesh High Court in the case of Avexa Corporation (P.) Ltd. set aside the demand order passed before the expiry of period of filing of reply as the said order passed is in violation of the principles of natural justice, especially when the Assessee could not access the GST portal due to registration cancellation which was subsequently revoked later.