Abhishek Raja
Quick Summary
I have come across various Show Cause Notice or Orders for levying penalty or cancelling registration etc are issued without specifying the charges or specifying the contraventions due to which Department has taken such extreme action against you. These actions have adverse consequences but who care
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FAQ :
Specific charges are important because they clearly inform you of the exact nature of the contravention you are accused of, allowing you to prepare a proper defence. Vague notices prevent you from effectively responding.
If an SCN is too general, vague, or issued in a standard format without striking out irrelevant portions and specifying the contravention, it is considered invalid and a violation of the principles of natural justice.
Yes, various High Courts, including Jharkhand, Karnataka, and Allahabad, and even the Supreme Court, have set aside orders and penalties when the SCN or order lacked specific details of the contravention.
In this context, the principles of natural justice mean that you have the right to be clearly informed of the allegations against you and have a fair opportunity to present your defence.
Yes, registration cancellation orders can be challenged and set aside if the Show Cause Notice did not communicate specific grounds for cancellation or contravention, as this violates natural justice.
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