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of <h1>Provisional Attachment Orders Quashed for Violating Natural Justice Under Section 75(4) of CGST Act</h1> <h3>M/s. Kapton Alloys Private Limited Through Its Director Bharatbhai J. Patel Versus State Of Gujarat & Anr.</h3> The HC quashed the provisional attachment orders due to violation of natural justice principles, as no oral hearing was provided despite the petitioner's ... Seeking to quash the impugned order - provisional attachment orders - no oral hearing in the matter was afforded to the petitioner - violation of principles of natural justice - HELD THAT:- It is evident that the respondent – Adjudicating Authority has failed to provide any opportunity of hearing to the petitioner though he has prayed in the written submissions - there is a breach of the principles of natural justice as held by the Hon’ble Apex Court in the case of WHIRLPOOL CORPORATION VERSUS REGISTRAR OF TRADE MARKS, MUMBAI & ORS. [1998 (10) TMI 510 - SUPREME COURT]. Conclusion - The impugned order is required to be quashed and set aside only on the ground of violation of the principles of natural justice by not providing opportunity of hearing as contemplated in Section 75 (4) of the CGST Act, more particularly, when the petitioner has prayed for such opportunity of hearing in the reply. Petition disposed off by way of remand. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment are:Whether the principles of natural justice were violated by the Adjudicating Authority by not providing an opportunity for an oral hearing to the petitioner.Whether the impugned order dated 29.12.2021 should be quashed due to the alleged procedural impropriety.Whether the petitioner is entitled to a remand of the case for a fresh adjudication with an opportunity for a personal hearing.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Violation of Principles of Natural JusticeRelevant legal framework and precedents: The principles of natural justice, particularly the right to a fair hearing, are enshrined in Section 75(4) of the CGST Act. The case of 'Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others' was cited, emphasizing that writ jurisdiction can be invoked in cases of natural justice violations.Court's interpretation and reasoning: The court noted that despite the petitioner's request for a personal hearing in their written submissions, the Adjudicating Authority failed to provide such an opportunity. This oversight constituted a breach of natural justice principles.Key evidence and findings: The court examined the contradiction between the Adjudicating Authority's assertion in Para-3.7 of the impugned order and the petitioner's explicit request for a hearing in Para-19 of their reply dated 22.11.2021.Application of law to facts: The court applied the principles of natural justice to the facts, concluding that the petitioner's right to a fair hearing was not honored, warranting judicial intervention.Treatment of competing arguments: The respondent argued that an opportunity for a hearing was provided, but the court found this claim inconsistent with the petitioner's documented request for a personal hearing.Conclusions: The court concluded that the failure to provide a personal hearing violated the principles of natural justice, necessitating the quashing of the impugned order.Issue 2: Quashing of the Impugned OrderRelevant legal framework and precedents: The legal framework under Articles 226 and 227 of the Constitution of India allows for judicial review of administrative actions, especially when procedural impropriety is alleged.Court's interpretation and reasoning: The court determined that the lack of a personal hearing, despite the petitioner's request, rendered the impugned order procedurally flawed.Key evidence and findings: The court relied on the petitioner's written submissions and the absence of a hearing as crucial evidence of procedural impropriety.Application of law to facts: By applying constitutional provisions and principles of natural justice, the court found sufficient grounds to quash the impugned order.Treatment of competing arguments: The court dismissed the respondent's assertion that a hearing opportunity was provided, focusing on the documented request for a hearing by the petitioner.Conclusions: The court quashed the impugned order due to the procedural violation and remanded the case for a fresh adjudication.3. SIGNIFICANT HOLDINGSPreserve verbatim quotes of crucial legal reasoning: 'We are of the opinion that the impugned order is required to be quashed and set aside only on the ground of violation of the principles of natural justice by not providing opportunity of hearing as contemplated in Section 75 (4) of the CGST Act.'Core principles established: The judgment reinforces the importance of adhering to natural justice principles, particularly the right to a fair hearing, in administrative proceedings.Final determinations on each issue: The court quashed the impugned order and remanded the matter to the Adjudicating Authority for a fresh decision, ensuring the petitioner receives a personal hearing. The exercise must be completed within twelve weeks from the receipt of the court's order.The petition was disposed of, and notice was discharged, underscoring the necessity for procedural fairness in adjudicatory processes.
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