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@aaditsh
I think this thread hook could be improved.
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I think this thread hook could be improved.
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Can Adverse Order be passed without providing opportunity of being heard in the case when Personal Hearing was not requested?
Law is crystal clear that any adverse order cannot be passed without providing opportunity of being heard when it's requested but when it's not requested
Facts and Timelines:
14-Feb-2022: A show cause notice was issued in Form GST DRC-01 by the Proper Officer. This Show Cause Notice was only uploaded on the Portal and no hard copy of the same was served to the Petitioner.
The excise clerk of the factory was on leave for 30 days
and after his return, he found that show case notice has been served on portal and forwarded the same to the learned advocate who was to prepare the reply.
Meanwhile Order was passed.
14-Apr-2022: An ex-parte order passed in FORM GST DRC-07.
Petitioner approached High Court on the ground that mandatory opportunity of hearing was not provided as per Section 75(4).
The High Court relied on the case of Graziano Trasmissioni India Pvt. Ltd. vs. State of Gujarat [2022(66) G.S.T.L. 38 (Guj.)] and Alkem Laboratories Ltd.
vs. Union of India [2021(46) G.S.T.L. 113 (Guj.)] which provides to insist on providing the opportunity of personal hearing when any adverse decision is contemplated, even without any request for personal hearing on the part of the party concerned.
Title: Eagle Fibres Limited vs The State of Gujarat
Court: Gujarat High Court
Citation: Special Civil Application No. 17506 of 2022
Dated: 12-Jan-2023