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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


HC set-aside order passed prior to expiry of notice period

July 26, 2023 474 Views 0 comment Print

Madras High Court sets aside the impugned Assessment order passed on short notice, just two days before the expiry of the notice period. The court rules in favor of the petitioner, citing a violation of principles of natural justice. Read the full analysis here.

HC Set Aside Assessment Order for lack of adequate opportunity

July 26, 2023 534 Views 0 comment Print

Madras High Court sets aside the impugned Assessment order for the Assessment Year 2017-2018, citing lack of adequate opportunity for the petitioner to be heard. The case is remitted back to the respondent to pass a speaking order within 60 days. Read the full analysis here.

ITAT Remands Matter to CIT(A) for Failure to Adjudicate on Merits

July 25, 2023 384 Views 0 comment Print

Read the full text of ITAT Delhi’s order in the case of Sadhna Goyal vs DCIT, where the appeal was allowed due to a violation of the principle of natural justice.

HC Sets Aside ITO’s Order Over Failure to Consider Taxpayer’s Response

July 25, 2023 564 Views 0 comment Print

Delhi High Court sets aside Income Tax Officer’s order for Assessment Year 2016-17, citing failure to consider the taxpayer’s response. Read the full judgment here.

Section 148A(d) Order passed Without Personal Hearing: Delhi HC Sets Aside

July 24, 2023 1233 Views 0 comment Print

The Delhi High Court recently dealt with two writ petitions (W.P.(C) 6061/2023 and W.P.(C) 6062/2023) concerning Assessment Year (AY) 2016-17. The issue raised in these petitions was similar to the one in another case titled “Harvinder Singh (HUF) v. Principal Commissioner of Income Tax & Anr.

Section 148A(d) Order Invalid: Evidence Copy & Cross Examination Denied

July 23, 2023 4251 Views 0 comment Print

Calcutta High Court asserts that the denial of the opportunity for cross-examination and failure to provide copies of evidence render an order invalid under the Income Tax Act.

HC Directs Fresh Adjudication for Reassessment on Alleged Bogus Purchase

July 23, 2023 717 Views 0 comment Print

Delhi High Court orders a fresh investigation in the Rajnish Yadav Vs ITO case, pertaining to allegations of bogus purchases under the Income Tax Act, citing lack of furnished information to the petitioner.

Delhi High Court Sets Aside Assessment Order Over Inadequate Response Time

July 19, 2023 1152 Views 0 comment Print

Delhi High Court has set aside the assessment order issued against Dauphin Travel Marketing Private Limited. The main bone of contention was the inadequate response time given to the company to answer a show-cause notice, resulting in a breach of the principles of natural justice.

Delay Condoned, Re-adjudication Ordered for Uneducated Farmer

July 17, 2023 879 Views 0 comment Print

Analysis and insights into the ITAT Ahmedabad ruling on the appeal of Rameshbhai Patel against the NFAC order regarding unexplained money and procedural errors in the tax assessment for the year 2012-13

HC Sets Aside Section 148A(d) Order for Violating Natural Justice – Remands Matter to AO

July 17, 2023 4626 Views 0 comment Print

Delve into the landmark judgment of the Calcutta High Court in the case of Winsome Highrise Pvt. Ltd Vs Union of India. Unravel the emphasis on principles of natural justice and the consequences on the Indian Income Tax Act.

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