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GST - Highlights / Catch Notes

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Validity of orders that were ex parte in nature - The order are ...


Ex parte orders invalidated for breaching natural justice; petitioner denied fair hearing and orders lack sufficient reasoning.

July 10, 2021

Case Laws     GST     HC

Validity of orders that were ex parte in nature - The order are ex facie, bad in law, because (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 sufficient reasons 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. - HC

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