TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>GST Order Invalidated for Breaching Natural Justice, Authority Ordered to Reissue Notice with Fair Hearing Opportunity</h1> <h3>M/s Ajay Prakash Associates Versus Joint Commissioner Corporate Circle</h3> M/s Ajay Prakash Associates Versus Joint Commissioner Corporate Circle - TMI Issues involved:Challenge to order passed under Section 74 of the U.P. GST Act, 2017 for the tax period 2018-19 based on violation of natural justice principles and non-compliance with procedural rules.Detailed Analysis:1. Violation of Natural Justice:The petitioner challenged the order dated 10.05.2024, contending that it was passed in defiance of the rules of natural justice. The petitioner was issued a show cause notice on 22.02.2024 for a hearing on 11.03.2024. Despite the petitioner's inability to file a reply on the scheduled date, no order was passed, and no further date or notice was provided. The impugned order was issued two months later, leading to the argument that it violated the principles of natural justice.2. Non-Compliance with Procedural Rules:The petitioner also referred to the minutes of the 53rd GST Council Meeting to assert that they should have been granted time extension in line with the decisions made. However, the court noted that only one date, i.e., 11.03.2024, was fixed in the proceedings, and no order was passed on that date. Furthermore, no additional notice was served for the date of the impugned order, 10.05.2024. The Revenue did not claim that the proceedings were concluded on the initial date fixed. Consequently, the court found that the impugned order was passed without proper compliance with procedural rules.3. Court's Decision and Directions:The court concluded that the impugned order dated 10.05.2024 could not be sustained due to the non-compliance with rules and the violation of natural justice. As a result, the order was set aside. The court issued specific directions to address the situation, including treating the impugned order as the final notice, allowing the petitioner to file a reply within two weeks with supporting documents, scheduling a hearing within 15 days of compliance, and ensuring expeditious conclusion of adjudication proceedings within three months.This comprehensive analysis highlights the key issues raised in the legal judgment, focusing on the violation of natural justice and non-compliance with procedural rules, leading to the court's decision and the subsequent directions provided to the parties involved.
TaxTMI 
TaxTMI 
