Demand Order Raised Without Hearing? Isn't it Voidable



Quick Summary
Receiving a demand order under the CGST Act without a prior hearing or consideration of your written reply can be legally challenged. Section 75(4) of the Act mandates a personal hearing, especially when penalties are involved, ensuring taxpayers have a statutory right to defend themselves. Orders passed without proper adjudication, ignoring your submitted reply, are considered invalid and can be contested through appeals or writ petitions.

The issue of a "Demand Order Without Hearing" under the CGST Act, 2017 is a legal concerns. The taxpayer must be given an opportunity to be heard before issuing any demand.

Section 75(4) of the CGST Act specifically states that if a penalty is imposed in the case, the officer must grant a personal hearing. This includes oral hearings and provides opportunity to submit a reply to the Show Cause Notice (SCN).

The hearing is not optional but it is a statutory right of the taxpayer.

Demand Order Without Hearing  Know Your Rights

Reply Must Be Considered

  • If a taxpayer have submitted a written reply to the SCN, authorities must review it.
  • Any order passed without dealing with your reply is open to challenge in appeal or writ.
  • Demand order passed without proper adjudication is invalid as it disregards your right to defend yourself.
  • A Show Cause Notice (SCN) is not a final decision but it only initiates the process. 
  • A final demand order must come only after full adjudication, which includes reviewing the reply and granting a hearing. 

Judicial Precedents

Courts have quashed demand orders in several cases where:

  • The reply was ignored
  • Hearing was not granted
  • Authorities acted arbitrarily
 

These precedents support the taxpayer's right to a fair process.

Reply Filed But Demand Ignored

If you have receive a demand order without giving a chance of hearing or without your reply being considered, you have the following rights:

  • To Appeal u/s 107 of the CGST Act which allows you to file an appeal against any order passed by an adjudicating authority under the CGST Act.
  • To File a Writ Petition if the demand order is illegal or violates the fundamental rights then you can approach to High Court.
  • This applies when the order shows no reference or reasoning based on your reply.
 

Remedies

As a taxpayer, you should always verify whether your written reply was addressed and whether the hearing was granted. 

Click here to view a judiciary based on a similar case


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