Whether demand Order can be issued without granting an opportunity of being heard ?
Relevant GST law

TRT-2025-114

SHIV KISHOR CONSTRUCTION PRIVATE LIMITED VERSUS THE UNION OF INDIA, THE PRINCIPAL COMMISSIONER OF CENTRAL TAX AND OTHERS

Patna High Court

Date:-13-07-20

In:-GST

Issue Favourable to Tax Payer ?:- yes

Held - It is not disputed that one of the impugned orders stands passed in violation of principles of natural justice.

However for unexplained reasons and circumstances, without any prior intimation or knowledge, the matter was preponed and without affording any opportunity of hearing, decided, holding the view of the revenue. The order does entail civil and pecuniary consequences, causing prejudice to the petitioner. On all fours, principles of natural justice stand violated.

As such on this short ground alone, the impugned order dated 02.03.2020 and the resultant order dated 04.03.2020 passed by the Deputy Commissioner of State Tax, Patna Central Circle, Bihar, Patna are quashed and set aside with the matter remanded back to the authority for consideration afresh.


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