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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


Principle of Natural Justice Upheld by NCLAT

June 12, 2023 996 Views 0 comment Print

Detailed review of NCLAT judgment in H S Oberoi Buildtech Pvt. Ltd. Vs Inderjit Singh & Anr., highlighting importance of principle of natural justice in passing orders

ITAT rejects dismissal of Meritorious case when Valid Documents produced

June 12, 2023 273 Views 0 comment Print

ITAT Hyderabad case Narasimha Rao Venkata Lakshmi Nandury Vs ITO, emphasizing that a meritorious case should not be dismissed when proper documents are produced

CESTAT Kolkata Directs Re-adjudication Over Denied Opportunity

June 12, 2023 399 Views 0 comment Print

Recent CESTAT Kolkata case, Lexmark International vs CGST & CX, highlighting significance of giving parties opportunity to present their cases and documents

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

June 8, 2023 2349 Views 0 comment Print

Article explains latest judgement of Indian Apex Court that the RBI’s Master Directions on Fraud must adhere to the principles of natural justice when classifying a borrower’s account as fraud. This analysis breaks down the judgement, its impacts, and what it means for borrowers. The article also dissects the principles of natural justice and their application to the Master Directions, particularly the right to be heard and the right to reputation. A must-read for those interested in Indian banking regulation and natural justice.

Patna HC Sets Aside GST Registration Cancellation order – Directs reconsideration

June 3, 2023 1356 Views 0 comment Print

Petitioner challenged cancellation of GST registration. HC found that GST Registration cancellation order provided no reasons & violated principles of natural justice.

Calcutta HC Sets Aside Assessment Order due to Violation of Natural Justice

May 31, 2023 1338 Views 0 comment Print

Calcutta High Court has overturned the order passed under Section 148A(d) of Income Tax Act and restored the matter to the stage of 148A(b).

Violation of principles of natural justice – ITAT restores matter back to AO

May 26, 2023 6060 Views 0 comment Print

ITAT Amritsar orders restoration of Bashir Ahmad Sofi’s case due to violation of natural justice. Ex parte orders quashed, fresh assessment directed.

Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

May 13, 2023 1899 Views 0 comment Print

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of natural justice. In similar circumstances, this […]

Mere 13 hours to file Reply to SCN violates principles of natural justice: HC

May 5, 2023 885 Views 0 comment Print

SCN was issued on 27.03.2023 at 9.10.33 p.m. and petitioner was given 13 hours time to reply, which violates principles of natural justice

GST: HC sets aside Assessment Order violating Natural Justice Principle

April 27, 2023 663 Views 0 comment Print

HC held that orders of assessment suffer from violation of principles of natural justice. Correspondence between parties establishes that petitioner was co­operating with proceedings for assessment.

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