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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 1395 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 129 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


Bombay High Court Quashes Arbitrary Cancellation of GST Registration

July 4, 2023 1557 Views 0 comment Print

Read judgment of Bombay High Court in case of Mayel Steels Pvt Ltd vs Union of India. Court held that respondent acted arbitrarily in canceling GST registration and directed that proper notice should be served to dealers.

ITAT Indore Advocates for Fair Assessment with Sufficient Opportunities

July 4, 2023 372 Views 0 comment Print

The ITAT Indore supports the principle of natural justice by asking for re-adjudication of the case of R.M. Chemicals Private Limited vs DCIT due to insufficient opportunity provided to the assessee in the initial assessment.

ITAT Delhi Orders Re-adjudication for Non-deposition of TDS

July 4, 2023 231 Views 0 comment Print

ITAT Delhi advocates for re-adjudication in the case of KMP Expressways Ltd vs ACIT, focusing on the assessee’s status as ‘Assessee in default’ due to non-deposition of TDS in the company’s accounts.

HC allows Writ Against Penalty Order Violating Principles of Natural Justice

July 4, 2023 795 Views 0 comment Print

Read about the Andhra Pradesh High Court’s decision to allow a writ petition challenging a penalty order that violated the principles of natural justice. Get a comprehensive analysis of the case and its implications.

Personal Hearing Cannot Be Denied Without Assessee Confirmation

July 2, 2023 1905 Views 0 comment Print

Allahabad High Court in Mohini Traders v. State of U.P., held that assessing authority must provide an opportunity for a personal hearing before passing an adverse order, regardless of whether assessee explicitly requested it

Granting 12 hours to reply to a SCN is violation of the principles of Natural Justice

July 1, 2023 4200 Views 0 comment Print

HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.

Denial of cross-examination of witnesses is violative of principles of natural justice

June 30, 2023 2508 Views 0 comment Print

CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.

ITAT Bangalore Orders Re-adjudication Citing Lack of Adequate Opportunity

June 30, 2023 273 Views 0 comment Print

ITAT Bangalore revives case of Comfortable Abode Pvt Ltd vs ACIT, directing re-adjudication citing lack of sufficient opportunity for the assessee. Learn more about the case and its potential implications.

Delay in Filing Appeal due to Assessee’s Advocate’s Demise condoned

June 27, 2023 978 Views 0 comment Print

The ITAT Chennai in Jamal Mohideen Haroon Imran Khan Vs ITO case allows a delay of 227 days in appeal filing due to the death of assessee’s advocate during the Covid-19 pandemic.

Calcutta HC Quashes Tax Assessment Order Due to Technical Snag in IT Portal

June 26, 2023 393 Views 0 comment Print

The Calcutta High Court overturned a tax assessment order following a technical issue with the Income Tax Portal that prevented a timely objection.

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