Show Cause Notice without date, time and venue of personal hearing violative of natural justice

Last updated: 19 June 2023

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Quick Summary

The Madhya Pradesh High Court has ruled that a show cause notice (SCN) must include the date, time, and venue for a personal hearing. In this case, the SCN failed to provide these crucial details, violating the principles of natural justice. Consequently, the court quashed the subsequent order and sent the matter back for a fresh hearing where the petitioner would be given a proper opportunity to present their case.

Court :
Madhya Pradesh High Court

Brief :
The Hon'ble Madhya Pradesh High Court in ConcordTieup Pvt. Ltd. v. State of MadhyaPradesh [Writ Petition No.26956 of 2022 dated April 25, 2023] quashed the order and remitted back the matter for afresh hearing in the case where the show cause notice was issued without containing the details like date, time and venue of personal hearing.

Citation :
Writ Petition No.26956 of 2022 dated April 25, 2023

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Judgement posted by

Bimal Jain

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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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