TMI Blog2024 (5) TMI 515X X X X Extracts X X X X X X X X Extracts X X X X ..... o avail personal hearing, would bear no legal consequence. Even otherwise in the context of an assessment order creating heavy civil liability, observing such minimal opportunity of hearing is a must. Principle of natural justice would commend to this Court to bind the authorities to always ensure to provide such opportunity of hearing. It has to be ensured that such opportunity is granted in real terms. Here, we note, the impugned order itself has been passed on 05.11.2022, while reply to the show-cause-notice had been entertained on 06.09.2022. The stand of the assessee may remain unclear unless minimal opportunity of hearing is first granted. Only thereafter, the explanation furnished may be rejected and demand created - Not only such op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority had at that stage itself chosen to not give any opportunity of hearing to the petitioner by mentioning NA against column description Date of personal hearing . Similar endorsements were made against the columns for Time of personal hearing and Venue where personal hearing will be held . Thus, it is the objection of learned counsel for the petitioner, the petitioner was completely denied opportunity of oral hearing before the Assessing Authority. 5. Relying on Section 75(4) of the U.P. GST Act, 2017 (hereinafter referred to as the 'Act') as interpreted by a coordinate bench of this Court in Bharat Mint Allied Chemicals Vs. Commissioner Commerical Tax 2 Ors., (2022) 48 VLJ 325 , it has been then asserted, the Assessing Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of law that a person/assessee is not required to request for opportunity of personal hearing and it remained mandatory upon the Assessing Authority to afford such opportunity before passing an adverse order, the fact that the petitioner may have signified 'No' in the column meant to mark the assessee's choice to avail personal hearing, would bear no legal consequence. 9. Even otherwise in the context of an assessment order creating heavy civil liability, observing such minimal opportunity of hearing is a must. Principle of natural justice would commend to this Court to bind the authorities to always ensure to provide such opportunity of hearing. It has to be ensured that such opportunity is granted in real terms. Here, we note ..... X X X X Extracts X X X X X X X X Extracts X X X X
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