The Calcutta High Court criticized the GST Department for violating principles of natural justice by issuing a notice solely under an 'additional tab'. The decision emphasizes the need for proper communication to taxpayers regarding adjudication procedures.
Calcutta HC Annuls Ex-Parte GST Order for Lack of Fair Hearing
The Calcutta High Court has quashed an ex-parte GST adjudication order, ruling that the taxpayer was deprived of the opportunity to be heard, violating fundamental principles of natural justice. The order issued solely via an 'additional tab' was deemed insufficient for effective communication.
The court articulated that natural justice principles oblige authorities to ensure all parties are properly informed of proceedings affecting their interests. The decision underscores the critical importance of adherence to proper notification protocols as outlined in the GST Act.
This ruling serves as a precedent for practitioners in tax law, reminding them of the due process obligations of tax authorities in adjudication matters. Taxpayers can now challenge adverse orders on the grounds of inadequate notice, potentially reopening cases previously deemed finalized.
Citations
- Calcutta HC Order (2026) Tax Reporter Page
