Mandatory personal hearing under GST cannot be waived by selecting no in the show cause reply.
Section 75(4) of the CGST Act requires a personal hearing where a written request is received or where an adverse decision is contemplated. The commentary states that this statutory safeguard cannot be ignored merely because the taxpayer selected "No" for personal hearing in the reply to the show cause notice. It further notes that denial of hearing breaches principles of natural justice and renders the assessment order unsustainable. (AI Summary)
Section 75(4) of the CGST Act requires a personal hearing where a written request is received or where an adverse decision is contemplated. The commentary states that this statutory safeguard cannot be ignored merely because the taxpayer selected "No" for personal hearing in the reply to the show cause notice. It further notes that denial of hearing breaches principles of natural justice and renders the assessment order unsustainable. (AI Summary)
TaxTMI