Assessee is entitled to one opportunity of a personal hearing before the Authority passes the order


Quick Summary
The Allahabad High Court has ruled that taxpayers are entitled to at least one opportunity to be heard before a GST authority issues a final order. This ensures that the assessee can present their case and establish facts before a decision is made. The court emphasised that such hearings are crucial, especially when orders can adversely affect valuable assets like a transporter's truck.

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of Akabar Ali Transport Services v. State of U.P. [Writ Petition No. 1524 of 2023 January 09, 2024] held that the Petitioner is entitled to one opportunity of hearing before the authority to furnish his explanation and establish the facts of the case before the Assessing Authority pass a reasoned order. 

Citation :
Writ Petition No. 1524 of 2023 January 09, 2024

The Hon'ble Allahabad High Court in the case of Akabar Ali Transport Services v. State of U.P. [Writ Petition No. 1524 of 2023 January 09, 2024] held that the Petitioner is entitled to one opportunity of hearing before the authority to furnish his explanation and establish the facts of the case before the Assessing Authority pass a reasoned order. 

Facts

Akabar Ali Trasport Services ("the Petitioner") goods were found loaded on the truck that was intercepted on November 11, 2023, and proceedings were initiated under Section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017 ("the UPGST Act"). A Show Cause Notice on MOV-07 ("the Impugned Notice") was issued to the M/s Royal Enterprises ("the Dealer"). However, no Show Cause Notice ("SCN") was issued to the Petitioner to show cause why the truck may not be seized and the Revenue Department ("the Respondent") passed an ex-parte penalty order ("Impugned Order") against the Petitioner under FORM MOV-09. 

Hence, aggrieved by the Impugned Order the present writ petition was filed by the Petitioner.

Issue

Whether the Assessee is entitled to one opportunity of hearing before a reasoned order is passed by the Assessing Authority?

Held

The Allahabad High Court in Writ Petition No. 1524 of 2023 held as under:

  • Opined that, the Petitioner may not be entitled to release of the truck unless he deposits INR 1,00,000/- as provided under the first provisoof Section 129 (6) of the UPGST Act. In such facts, it appears that the Petitioner is entitled to one opportunity of hearing before the authority to furnish his explanation and to establish the fact.
  • Held that, the truck is the valuable property and a capital asset of the transporter which is utilized to generate revenue/ income. Therefore, the Petitioner's rights were adversely affected due to the Impugned Order. 
  • Directed that, the Petitioner to treat the Impugned Order as the Show Cause Notice and furnish reply to the Respondent only for the purpose of obtaining release of the truck. Thereafter, a reasoned order may be passed by the said Respondent after affording due opportunity of hearing to the Petitioner. If the claim of the Petitioner for the release of the truck was rejected, due reason for the same may be given. At that stage the Petitioner may have a right of appeal.
  • •Held that,the release of the truck, if granted would have no bearing on the seizure of the goods and in the penalty, proceedings arising therefrom against the Dealer. Hence, the writ petition was disposed of.
     

FAQ :

The Allahabad High Court ruled that taxpayers have a right to one opportunity of hearing before an Assessing Authority passes a reasoned order.

The case involved Akabar Ali Transport Services (the Petitioner) and the State of U.P. (the Respondent) concerning proceedings under the Uttar Pradesh Goods and Services Tax Act, 2017.

The writ petition was filed because the Petitioner received an ex-parte penalty order without being issued a Show Cause Notice to present their explanation.

The court indicated that while a deposit might be required for the release of a truck, the assessee is entitled to a hearing to present their explanation and establish facts before a final order is passed.

The hearing allows the taxpayer to furnish their explanation and establish the facts of the case, ensuring their rights are not adversely affected by an order without due process.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

Comments




CCI Pro



Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details