Procedural Fairness Prevails: GST Appeal Order Quashed Due to Lack of Proper Hearing Opportunity for Petitioner

HC found that the appellate authority failed to provide a proper opportunity of hearing to the petitioner in a GST Act appeal. The court quashed the original order and remitted the matter back to the appellate authority, directing a fresh hearing with clear instructions to give the petitioner a fair chance to present records and arguments.

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Issues involved:
The judgment deals with the grievance raised by the petitioner regarding an order passed under the Goods and Service Tax Act, 2017, and the subsequent appeal process.

Details of the judgment:

Issue 1: Opportunity of hearing in the appeal process
The petitioner contended that the appellate authority did not provide an opportunity of hearing, leading to the petitioner being unable to substantiate their case with records. The petitioner argued that the order passed in the appeal cannot be sustained due to this lack of opportunity.

Issue 2: Compliance with procedural requirements
The Standing Counsel representing the CT & GST Department argued that the petitioner was given an opportunity of hearing but did not file a reply despite seeking time. It was mentioned that as per the relevant Act, adjournments during the appeal process are limited, and since the petitioner did not provide any materials, the impugned order was passed lawfully.

Judgment on Issue 1 and 2:
After considering the contentions of both parties and reviewing the records, the Court found that although the petitioner had requested time for compliance, they were not given a proper opportunity of hearing. The Court noted the importance of balancing revenue collection with procedural adherence. Consequently, the order passed by the appellate authority was deemed liable to be quashed. The matter was remitted back to the appellate authority for reconsideration, with clear instructions to provide a fair opportunity of hearing to the petitioner. A specific date was set for the petitioner to appear with all necessary records and reply before the appellate authority for a fresh decision.

Conclusion:
The writ petition was disposed of with the above observations and directions, emphasizing the need for a fair hearing in the appeal process and cooperation between the parties for swift resolution.

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