Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The dominant issues were whether the adjudication confirming GST demand was vitiated by (i) denial of a statutorily mandated personal hearing under Section 75(4) and (ii) lack of jurisdiction under Section 75(7) in confirming demand beyond the show cause notice. The authority held that once a personal hearing is specifically requested, Section 75(4) imposes a mandatory duty to grant it; passing an ex parte order despite such request is a fatal breach of natural justice and cannot be cured by later merits review, rendering the order unsustainable. It further held that any final demand exceeding the amount proposed in the show cause notice is ultra vires under Section 75(7), vitiating the order. The adjudication and appellate orders were quashed and the matter remanded. - HC
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