Whether demand Order can be issued without granting an opportunity of being heard ?
Relevant GST lawTRT-2025-1003
Sri Gayathri Agencies Vs The State Tax Officer, Salem Town (West) Assessment Circle, Salem.
Madras High Court
Date:-01-03-23
In:-GST
Issue Favourable to Tax Payer ?:- yes
Held - .Section 75(4) of the GST Act 2017 makes it clear that in cases, where an adverse decision is taken by the Assessing Officer against the assessee, personal hearing is mandatory. Admittedly, in the assessment proceedings, pertaining to the assessment year 2017-18, no personal hearing was afforded to the petitioner. This being the case, on the ground of violation of principles of natural justice as the impugned assessment order has been passed contrary to Section 75(4) of the GST Act 2017, which mandates personal hearing, the impugned assessment order dated 31.10.2022, pertaining to the assessment year 2017-18 has to be quashed and the matter has to be remanded back to the respondent for fresh consideration, on merits and in accordance with law.
For the foregoing reasons, the impugned assessment order dated 31.10.2022 passed in respect of the assessment year 2017-18 is hereby quashed and the matter is remanded back to the respondent for fresh consideration, on merits and in accordance with law.
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