Whether demand Order can be issued without granting an opportunity of being heard ?
Relevant GST lawTRT-2025-793
M/s Paras Industrial Sales Vs State of UP and another
Allahabad High Court
Date:-15-12-22
In:-GST
Issue Favourable to Tax Payer ?:- yes
Held - It is evident that the order of assessment dated 13.9.2022 was passed by the respondent no.2 under Section 74 of the Act, 2017 for
the assessment year 2017-18 without affording opportunity of personal hearing as sought by petitioner. The act of the respondent no. 2 in denial of the opportunity of personal hearing to the petitioner is in clear contravention of the statutory mandate under Section 75(4) of the Act, 2017. The element of principles of natural justice incorporated in the statutory provisions cast a mandate on the statutory authority to follow the procedure for finalization of its action. The assessment order dated 06.09.2022 as rectified on 13.9.2022 is, thus, found to be illegal being in contravention of provisions of Section 75(4) of the Act, 2017 and is hereby set-aside.
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