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

TRT-2025-116

M/S CSK REALTORS LIMITED VERSUS ASSISTANT COMMISSIONER ST

Telangana High Court

Date:-13-08-20

In:-GST

Issue Favourable to Tax Payer ?:- yes

Held - In view of the said legal position, we are of the opinion that the 1st respondent ought to have provided a personal hearing to the petitioner, since the petitioner requested for it specifically in its objections dt.18.02.2020 filed by it to the show cause notice issued on 31.01.2020 to it by the 1st respondent, and that failure of the 1st respondent to do so is a violation of principles of natural justice warranting setting aside of the impugned order.

The matter is remitted back to the 1st respondent for fresh consideration; the 1st respondent shall provide a personal hearing to the petitioner; and then the 1st respondent shall pass a reasoned order in accordance with and communicate it to the petitioner. 


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