Can order be passed without hearing the petitioner as an opportunity of hearing would be given only when a request is made?

opportunity of hearing

Case Title

Balaramudu Chanampalli vs Assistant Commissioner.

Court

Andhra Pradesh High Court

Honorable Judges

Justice C.Praveen Kumar & Justice V.Sujatha

Citation

2022 (4) GSTPanacea 333 HC Andhra Pradesh

W.P.A. 8768 of 2022

Judgement Date

22-April-2022

Council for Petitioner

Learned Counsel

Council for Respondent

Sri N.Harinath 

Section

Section 75(4) of the Act

In Favour of

In Favour of Assesee

The Andhra Pradesh High Court bench of Justice C.Praveen Kumar & Justice V.Sujatha has held that Without hearing the petitioner, an adverse order came to be passed, which is impugned in this case. Accordingly  the matter be remanded back to the party concerned for fresh decision after giving opportunity of hearing.

opportunity of hearing​

FACTS OF THE CASE

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….. to issue an appropriate Writ, Order or Direction more particularly in the nature of MANDAMUS declaring that the impugned Order passed by the First Respondent in Form DRC-07 vide Reference no.1/IGST, dated 14.12.2020, relating to the Tax Periods 04/2018 to 03/2019 under the IGST Act, 2017, as violative of the principles of natural justice, contrary to law, contrary to S.75(4) of the GST Acts, 2017, unjustified and unsustainable and illegal and consequently set aside the same and pass……”

Accordingly, this Writ Petition is allowed setting aside the order passed by respondent No.1 in Form GST DRC-07 vide Reference No.1/IGST, dated 14.12.2020, relating to the tax periods from 04/2018 to 03/2019 under the IGST Act, 2017, and the matter is remanded back to respondent No.1 for consideration of the same after giving notice of personal hearing to the petitioner. There shall be no order as to costs

opportunity of hearing

COURT HELD

Considering the facts as recorded, held that that the matter be remanded back to the party concerned for fresh decision after giving opportunity of hearing.

In the instant case, a notice for personal hearing, dated 13.10.2020, was issued to the petitioner. But on that day, the Assistant Commissioner directed the petitioner herein to produce documents for verification but however, did not give any date for hearing. Without hearing the petitioner, an adverse order came to be passed, which is impugned in this case.

opportunity of hearing

ANALYSIS OF THE JUDGEMENT

In the instant case, a notice for personal hearing, dated 13.10.2020, was issued to the petitioner. But on that day, the Assistant Commissioner directed the petitioner herein to produce documents for verification but however, did not give any date for hearing. Without hearing the petitioner, an adverse order came to be passed, which is impugned in this case

Therefore, it can be said that there is violation of Section 75(4) of the A.P.G.S.T. Act. It may not be necessary for us to go into the other aspects since the impugned order is liable to be set aside on this ground alone

Writ Petition is disposed of at the stage of admission

It may not be necessary for us to go into the facts in detail for the reason that the order impugned is challenged mainly on the ground that no opportunity of personal hearing was given to the petitioner, as contemplated under Section 75(4) of the I.G.S.T./A.P.G.S.T. Act, 2017

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Balaramudu Chanampalli

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Andhra Pradesh High Court