Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
The HC quashed cancellation of the petitioner's GST registration and allowed the petition, holding the impugned quasi-judicial order unlawful for failure to disclose the adjudicating officer, failure to afford adequate notice and personal hearing, and consequent violation of principles of natural justice and the petitioner's Article 19(1)(g) liberty to carry on business. The Court found the adjudicatory order bereft of application of mind and thus arbitrary, failing the Article 14 test. Because the petitioner only learned of the cancellation belatedly and was not afforded any opportunity to be heard, the prior dismissal on limitation grounds could not sustain the cancellation; the impugned orders are set aside.
The HC quashed cancellation of the petitioner's GST registration and allowed the petition, holding the impugned quasi-judicial order unlawful for failure to disclose the adjudicating officer, failure to afford adequate notice and personal hearing, and consequent violation of principles of natural justice and the petitioner's Article 19(1)(g) liberty to carry on business. The Court found the adjudicatory order bereft of application of mind and thus arbitrary, failing the Article 14 test. Because the petitioner only learned of the cancellation belatedly and was not afforded any opportunity to be heard, the prior dismissal on limitation grounds could not sustain the cancellation; the impugned orders are set aside.
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