Order released without giving opportunity to reply is contrary to the principles of natural justice

Last updated: 11 December 2024

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The Madras High Court has ruled that issuing an order without providing a proper opportunity to respond to a Show Cause Notice (SCN) is a breach of natural justice principles. In this case, the petitioner argued that the order was passed without proper notice, while the respondent claimed the notices were posted online. The court agreed that the petitioner should have had a chance to reply and set aside the original order.

Court :
Madras High Court

Brief :
The Hon'ble High Court of Madras in the case Sundarapandian v. State Tax Officer-1 [W.P. (MD) 17429/2024 dated July 29, 2024]held that an order released without giving a proper opportunity to reply to the Show Cause Notice ("SCN") is contrary to principles of natural justice.

Citation :
W.P. (MD) 17429/2024 dated July 29, 2024

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Attached File : 671907_5806_sundarapandian.pdf

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Judgement posted by

Bimal Jain

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

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