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Principles of natural justice

Latest Articles


HC criticized GST Department for not providing personal hearing to assessee

Goods and Services Tax : Allahabad HC criticizes Commercial Tax Dept for not offering personal hearings to assessees, reinforcing the importance of natural...

May 23, 2024 1194 Views 0 comment Print

Natural Justice: Section 73 & 74 in GST Assessments

Goods and Services Tax : Explore the significance of personal hearings under GST Section 75(4), backed by judicial precedents, ensuring fairness in assessm...

March 26, 2024 2892 Views 0 comment Print

Examining Master Directions on Fraud by RBI Vis-À-Vis Principles of Natural Justice

Fema / RBI : Article explains latest judgement of Indian Apex Court that the RBI's Master Directions on Fraud must adhere to the principles of ...

June 8, 2023 2349 Views 0 comment Print

Termination of Contractual Employees without following Natural Justice Principles

Corporate Law : A contractual employee is defined under Section 2(b) of The Contract Labor (Regulation and Abolition) Act, 1970 which states that ...

April 22, 2023 13131 Views 0 comment Print

Assessment orders passed without affording opportunity of hearing to assessee is violative of principles of natural justice

Goods and Services Tax : HC quashed the assessment orders passed by Revenue Department, on the grounds that no opportunity of hearing was afforded to the a...

March 10, 2023 6135 Views 0 comment Print


Latest Judiciary


GST on unbilled revenue: Reply not considered – HC Set Aside Order

Goods and Services Tax : Delhi High Court overturns GST order under Section 73(9) for failing to provide adequate reasons. The case is remanded for fresh c...

August 14, 2024 1452 Views 0 comment Print

SCN serving failure: Orissa HC Sets aside GST Order & Directs Fresh Hearing

Goods and Services Tax : Orissa High Court rules in favor of Krishna Motors, overturning an ex parte tax assessment order. Fresh hearing ordered due to fai...

August 14, 2024 132 Views 0 comment Print

Gujarat HC Quashes VAT Order, directs Fresh Assessment with Reasoning

Goods and Services Tax : Gujarat HC quashes VAT order and penalty notice against Malani Construction. The court demands detailed reasoning in the fresh ord...

August 12, 2024 105 Views 0 comment Print

Section 75(4) of GST Act Mandates Hearing Opportunity for Adverse Orders

Goods and Services Tax : Karnataka HC remands ex-parte order and recovery proceedings in Breakbounce India Pvt Ltd case, granting a new opportunity for adj...

August 8, 2024 366 Views 0 comment Print

Belated Hearing Request should be Considered – Section 75(4) CGST Act: HC

Goods and Services Tax : Karnataka HC sets aside GST order for Principle Mahendra Pvt Ltd due to lack of personal hearing; directs reconsideration under Se...

August 8, 2024 201 Views 0 comment Print


Writ Maintainable for Authority’s Jurisdictional Error & Violation of Natural Justice

August 31, 2023 1413 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that writ under Article 226 would be maintainable if the Order has been passed beyond the Show Cause Notice as the action of an authority is wholly without jurisdiction and contrary to the principles of natural justice and in such case the Petitioners should not be relegated to an alternative remedy.

Lack of Notice Violates Natural Justice, Requires Readjudication: ITAT Chennai

August 31, 2023 339 Views 0 comment Print

ITAT Chennai’s landmark decision on the non-issuance of notice to Arunachalam, underlining the importance of natural justice in tax proceedings.

Adjudicating Authority must provide hearing opportunity before passing an adverse order

August 29, 2023 1800 Views 0 comment Print

Analysis of B.L. Pahariya Medical Store Vs State of U.P.: Allahabad High Court emphasizes the importance of personal hearing before passing adverse orders.

Taxpayer/assessee should be heard as far as reasonably possible: ITAT Pune

August 28, 2023 276 Views 0 comment Print

ITAT Pune orders re-adjudication, emphasizing the importance of natural justice and giving Sachin Vasant Jare a chance to present his submissions.

Calcutta HC Dismisses Unjust Non-Speaking Assessment Order

August 18, 2023 1146 Views 0 comment Print

Durga Trading Company & Anr. Vs Deputy Director of Income Tax & Ors. (Calcutta High Court) Introduction: In the case of Durga Trading Company & Anr. v. Deputy Director of Income Tax & Ors., the Calcutta High Court examined the validity of an income tax assessment order, focusing on the violation of natural justice. This […]

HC Quashes Section 263 Order and Imposes Rs 10,000 Cost on PCIT

August 18, 2023 10473 Views 0 comment Print

Allahabad High Court quashes Section 263 order and imposes cost of Rs 10,000 on PCIT for lack of proper opportunity. Analysis of the judgment in M.L. Chains Vs PCIT case.

Rejection of refund application without granting opportunity of hearing is violative of principle of natural justice

August 11, 2023 1053 Views 0 comment Print

Delhi HC in v Shivbhola Filaments Private Limited. v.  Assistant Commissioner of CGST restored refund application rejected by Adjudicating Authority and held that assessee would not be left unheard.

GST appeals can’t be rejected for non-supply of certified copies of an order in violation of natural justice

August 9, 2023 1023 Views 0 comment Print

Orissa High Court rules GST appeals can’t be rejected due to non-supply of certified copies, stressing natural justice and adherence to proper procedure.

CESTAT Orders Re-adjudication Due to Unprovided Verification Report

August 6, 2023 264 Views 0 comment Print

CESTAT Ahmedabad directs re-adjudication in the case of Senor Metals Pvt Limited vs. Commissioner of Central Excise & ST. The article discusses the demand of customs duty confirmed for manufacturing dutiable goods on job work basis without disclosing verification report.

Madras HC Sets Aside GST Demand Without Opportunity of Being Heard

July 30, 2023 816 Views 0 comment Print

The Madras High Court sets aside a GST demand and penalty imposed on M.B.M. Steels for an inward supply from a non-existent supplier without affording them an opportunity to be heard.

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