Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The HC held that the impugned adjudication orders dated 31.12.2023 and 23.09.2025 are unsustainable for having been passed without affording personal hearing, thereby violating principles of natural justice under Section 73 of the GST Act. Observing that personal hearing must ordinarily be offered before any adverse adjudicatory order and that waiver or failure to avail such hearing are distinct exceptions, the Court quashed the impugned orders and allowed the petition. The HC rejected the contention based on time-bar considerations insofar as procedural denial of hearing rendered the orders invalid, and directed appropriate further proceedings consistent with the requirement of personal hearing.
The HC held that the impugned adjudication orders dated 31.12.2023 and 23.09.2025 are unsustainable for having been passed without affording personal hearing, thereby violating principles of natural justice under Section 73 of the GST Act. Observing that personal hearing must ordinarily be offered before any adverse adjudicatory order and that waiver or failure to avail such hearing are distinct exceptions, the Court quashed the impugned orders and allowed the petition. The HC rejected the contention based on time-bar considerations insofar as procedural denial of hearing rendered the orders invalid, and directed appropriate further proceedings consistent with the requirement of personal hearing.
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