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GST - Highlights / Catch Notes

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Demand u/s 74 - violation of principles of natural justice - The ...


Court Rules Personal Hearing Mandatory for Adverse Tax Decisions Under CGST Act, Even Without Specific Request.

January 30, 2024

Case Laws     GST     HC

Demand u/s 74 - violation of principles of natural justice - The High court noted that Section 75(4) of the CGST Act mandates that an opportunity for hearing must be granted either when a specific request is received in writing from a person chargeable with tax or when any adverse decision is contemplated against such a person. The court found that even if the petitioners did not specifically request a personal hearing, they were entitled to one since an adverse decision was contemplated against them.

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