Granting of hearing opportunity is mandatory under Section 75(4) before passing of adverse order


Quick Summary
The Karnataka High Court has ruled that providing an opportunity for a hearing is a mandatory requirement under Section 75(4) of the CGST Act. This applies whenever an authority is considering passing an adverse order, such as imposing tax or penalties, against an assessee. The court set aside an assessment order because the assessee was not given this crucial opportunity before the decision was made.

Court :
Karnataka High Court

Brief :
The Hon'ble Karnataka High Court in M/s. Bangalore Golf Club v. Commercial Tax Officer [W.P. No. 8050 of 2024 dated June 05, 2024], set aside the assessment order as no opportunity of hearing was granted to the Assessee before passing of adverse order, thereby holding that, it is mandatory to grant opportunity of hearing as required under section 75(4) of the CGST Act when an adverse order is being contemplated against the Assessee.

Citation :
W.P. No. 8050 of 2024 dated June 05, 2024

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Bimal Jain
Published in GST
Views : 147
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