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

TRT-2025-118

RAKESH ROSHAN VERSUS STATE OF BIHAR THROUGH COMMISSIONER OF STATE TAX, ADDITIONAL COMMISSIONER OF STATE TAX (APPEAL) , ASSISTANT COMMISSIONER OF STATE TAX, MUNGER CIRCLE, MUNGER.

Patna High Court

Date:-17-05-22

In:-GST

Issue Favourable to Tax Payer ?:- yes

Held - we are of the considered view that this Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, we form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any reasons sufficient even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee. The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences. We also find the authorities not to have adjudicated the matter on the attending facts and circumstances. All issues of fact and law ought to have been dealt with, even if the proceedings were to be ex parte in nature.


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