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Omission of Personal Hearing Date in SCN Violates Natural Justice: Orissa HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 4802
Case Name
Alfa Cityinfra Private Limited Vs Chief Commissioner of CT and GST, Odisha, Cuttack and others (Orissa High Court)
Date of Judgement/Order
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Alfa Cityinfra Private Limited Vs Chief Commissioner of CT and GST, Odisha, Cuttack and others (Orissa High Court)

Summary: In the case Alfa Cityinfra Private Limited v. Chief Commissioner of CT and GST, Odisha [W.P. No. 16864 of 2024, dated July 23, 2024], the Orissa High Court addressed a petition filed by Alfa Cityinfra Private Ltd. against a demand notice issued under Section 73 of the Odisha Goods and Services Tax Act, 2017. The demand notice, dated July 27, 2021, related to the financial year 2018-19 and directed the petitioner to file a reply and attend a personal hearing. However, the notice did not specify a date for the personal hearing, and the petitioner cited pandemic-related delays as the reason for not submitting a timely response. The main issue was whether the omission of the personal hearing date violated the principles of natural justice.

The court held that a defective Show Cause Notice (SCN), especially one omitting essential details like a personal hearing date, violates natural justice principles. The court quashed the demand notice and allowed the petitioner two weeks to file a reply, with the assurance of a personal hearing if requested. The case underscores the importance of ensuring that procedural requirements, including the opportunity for a hearing, are followed when issuing notices under GST laws.

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Author Info

Bimal Jain
Name: Bimal Jain
Qualification: LL.B / Advocate
Company: A2Z Taxcorp LLP
Location: Delhi, Delhi
Articles Published: 2,912

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