Department cannot pass adverse orders without reasonable opportunity of hearing


Quick Summary
The Delhi High Court has ruled that tax authorities must provide a reasonable opportunity for taxpayers to be heard before passing any adverse orders. This decision came after several petitions challenged orders issued under Section 73 of the CGST Act, which were found to be unreasoned and passed without properly considering taxpayer responses, often issued just before the limitation period expired. The court emphasised the fundamental right to a hearing, reinforcing that such orders cannot be made without due process.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court passed a common order in the case of Mohinder Kumar v. Pr. Commissioner of Delhi GST and connected matters [W.P. (C) 10869/2024 & Connected petitions dated August 30, 2024] held that an Adjudicating Authority shall not pass any adverse order against any of the Petitioners without affording them a reasonable opportunity to be heard.

Citation :
W.P. (C) 10869/2024 & Connected petitions dated August 30, 2024]

The Hon'ble Delhi High Court passed a common order in the case of Mohinder Kumar v. Pr. Commissioner of Delhi GST and connected matters[W.P. (C) 10869/2024 & Connected petitions dated August 30, 2024] held that an Adjudicating Authority shall not pass any adverse order against any of the Petitioners without affording them a reasonable opportunity to be heard.

Facts:

The common issue that arose in these batch of petitions was that the orders passed under Section 73 of the Central Goods & Services Tax Act, 2017 ("the CGST Act") which were impugned in these petitions were unreasoned and were passed without considering the response submitted by the Petitioners to their respective Show Cause Notices ("SCNs"). Further, these impugned orders were issued during the last three days prior to the expiry of period of limitation for passing the said orders for the financial years 2017-18 and 2018-19 and were called upon to furnish the details of orders that were passed during the last few days of the extended period of limitation.

One of the common features of the impugned orders is that they merely reproduce the tabular statement of the demand proposed in the respective SCNs and affirm the same by rejecting the response of the taxpayer as unsatisfactory.

Hence, the Petitioners filed a writ petition before the Delhi High Court.

Issue:

Whether the Department can pass adverse orders without reasonable opportunity of hearing?

Held:

The Hon'ble Delhi High Court in W.P. (C) 10869/2024 and connected petitions held as under:

  • Held that, the adjudicating authority shall not pass any adverse order against any of the Petitioners without affording them a reasonable opportunity to be heard. Further, all rights and contentions of the Petitioners are reserved, and the disposal of the present petitions would not preclude them from raising such contentions as advised including those that may have been raised in the present petitions.

Our Comments:

The Hon'ble Supreme Court in the case of M/s Daffofills Pharmaceuticals Ltd. and Anr. v. State of Uttar Pradesh &Anr. [Civil Appeal No. 9417 of 2019 dated December 13, 2019] held that no one can be inflicted with an adverse order, without being afforded a minimum opportunity of hearing and quashing an order passed by Uttar Pradesh Government directing its Medical and Health Department to stop local purchase.

OFFICIAL JUDGMENT COPY HAS BEEN ATTACHED

FAQ :

The Delhi High Court ruled that an Adjudicating Authority cannot pass any adverse order against a taxpayer without first giving them a reasonable opportunity to be heard.

The petitions involved orders passed under Section 73 of the Central Goods & Services Tax Act, 2017 (CGST Act).

The challenged orders were unreasoned, failed to consider taxpayer responses to Show Cause Notices, and were often issued close to the expiry of the limitation period for financial years 2017-18 and 2018-19.

No, the court noted that the impugned orders often merely reproduced the demand from the Show Cause Notices and rejected taxpayer responses as unsatisfactory without proper consideration.

Yes, the court stated that all rights and contentions of the petitioners are reserved, and this disposal does not prevent them from raising future contentions as advised.

 
downloaded 170 times



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
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details
Company
23 October 2026
Sr. Accountant

SANKARAN & KRISHNAN

New Delhi

B.Com

View Details
Company
ARTICLESHIP 25 October 2026
Article Intern (CA Articleship)

Arpan Bohra & Co

Hyderabad

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

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
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details