Rejection of refund application without granting opportunity of hearing is violative of principle of natural justice


Quick Summary
The Delhi High Court has ruled that rejecting refund applications without giving the applicant a chance to be heard is unlawful. In the case of M/s Shivbhola Filaments Private Limited, the court found that the refund applications were rejected solely based on discrepancies between GSTR-3B and GSTR-2A, without allowing the company to reconcile these differences. The court has restored the refund applications and ordered the authorities to reconsider them, ensuring the company is given a full opportunity to present its case.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court in M/s Shivbhola Filaments Private Limited. v.  Assistant Commissioner of CGST [W.P.(C) 9742/2023 dated July 25, 2023] restored the refund application rejected by the Adjudicating Authority and held that the assessee would not be left unheard.

Citation :
W.P.(C) 9742/2023 dated July 25, 2023

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Bimal Jain
Published in GST
Views : 298

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