Whether demand Order can be issued without granting an opportunity of being heard ?
Relevant GST lawTRT-2025-950
Sendhil Kumar Vs The State Tax Officer
Madras High Court
Date:-13-02-23
In:-GST
Issue Favourable to Tax Payer ?:- yes
Held - Admittedly, no personal hearing was afforded to the petitioner in the impugned assessment proceedings as seen from the impugned assessment order. An adverse decision has also been taken by the respondent against the petitioner in the impugned assessment order. Therefore, necessarily the impugned assessment order has to be quashed on the ground of violation of the principles of natural justice as no personal hearing has been granted to the petitioner as contemplated under Section 75 (4) of the GST Act, 2017 and remanded back to the respondent for fresh consideration on merits and in accordance with law.
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