Tax Order Quashed: Procedural Flaws Invalidate Assessment Under Section 73(9) GST Act, Ensuring Principles of Natural Justice Prevail

HC found violation of natural justice in tax order under Section 73(9) of Karnataka GST Act. Order was quashed due to procedural irregularities in notice service and denial of fair hearing. Case was remitted back to original authority with directions to provide proper opportunity for petitioner to present their case, ensuring procedural fairness.

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Issues Involved: Violation of principles of natural justice in passing order under Section 73(9) of the Karnataka Goods and Services Tax Act, 2017.

Summary:

Violation of Principles of Natural Justice:
The petitioner, an assessee, challenged the order passed by the 1st respondent under Section 73(9) of the Karnataka Goods and Services Tax Act, 2017. The petitioner contended that the order was in violation of natural justice as no proper opportunity was granted to them to present their case. The petitioner's counsel argued that a fair hearing was essential as the petitioner had strong merits in their favor. On the other hand, the AGA for the respondents defended the order, stating that adequate opportunities were provided during the proceedings.

Procedural Irregularities:
The impugned order revealed irregularities in the process, specifically concerning the issuance and service of notices. Despite the petitioner and their representative appearing before the 1st respondent and requesting an adjournment, the next hearing date was not provided. Subsequently, further notices were issued but allegedly not served on the petitioner. This lack of proper communication raised concerns about the fairness of the proceedings.

Judgment:
The High Court, after considering the arguments and reviewing the impugned order, concluded that it was indeed passed in violation of the principles of natural justice. Consequently, the court quashed the order and remitted the matter back to the 1st respondent for reconsideration in accordance with the law. The petitioner was directed to appear before the appellate authority on a specified date, where they would be given a proper opportunity to present their case. The court emphasized the importance of adhering to procedural fairness and expeditious resolution of the appeal.

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