👍👍👍👍👍Section 75(4) U.P. GST Act is Mandatory, Even if no Demand in Writing for Hearing is made out: Allahabad HC Quashes Order

Clipped from: https://www.taxscan.in/section-754-u-p-gst-act-is-mandatory-even-if-no-demand-in-writing-for-hearing-is-made-out-allahabad-hc-quashes-order/269641/

By Aparna. M – On April 17, 2023 1:00 pm – 2 mins read

In a significant case, the Allahabad High Court held that section 75(4) of Uttar Pradesh Goods and Service Tax Act is mandatory even if no demand in writing for hearing is made out. Therfore, the bench quashed the order passed without giving opportunity for hearing to the petitioner.

The writ petition was filed by the petitioner Swati Poly Industries Pvt Ltd on the order passed without giving opportunity for hearing.

Nishant Mishra, and Yashonidhi Shukla counsel  for the petitioner submitted that the proceedings were initiated under Section 74 against the petitioner, the manner of decision making is specified under Sub-Section (4) of Section 75 of the U.P. GST Act, which specifically provides that an opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax for penalty or where an adverse decision is contemplated against such person.

Further, the counsel submitted that even if no demand in writing for hearing is made out, Section 75(4) makes it mandatory to grant opportunity of hearing where an adverse decision is contemplated.

The standing council for the state contended that  the order dated 01.10.2020 also did not reveal that any personal hearing was accorded to the petitioner prior to passing of the order, as such, the inescapable conclusion from the material available on record is that petitioner was not granted personal hearing which is required and is mandatory under Section 75(4), as such, on that ground alone the order dated 01.10.2020 is quashed. The respondents should  be at liberty to conclude the proceedings in accordance with law afresh, if so advised.

Thus, the single bench of Justice Pankaj Bhatia, allowed the appeal filed by the petitioner.To Read the full text of the Order CLICK HERE

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates

M/S Swati Poly Industries Pvt Ltd vs State Of U.P. And 2 Others

CITATION:   2023 TAXSCAN (HC) 705

Counsel for Appellant:   Nishant Mishra,Yashonidhi Shukla

Counsel for Respondent:   C.S.C

Be the First to get the Best

Join Our email list to get the latest Tax Updates , Special Offers, Events delivered right to your Inbox

Email Address *

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s