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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Jet Roadways – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. Challenging the order in original dated 16th July, 2024, passed by the Commissioner, CGST & CX, Kolkata South Commissionerate, the instant writ petition has been filed. The petitioners seek to challenge the order primarily on the following three grounds, which are noted hereunder;
(a) Violation of principles of natural justice as according to the petitioners no proper opportunity of personal hearing was given to the petitioners by the Proper Officer,
(b) The Adjudicating Authority/Proper Officer who had heard the case did not have the competence to do so since, the show-cause was issued by an authority, different from the authority who had heard and passed the order,
(c) The order passed more than a month from the date of conclusion of personal hearing, being in conflict with the circular issued by the Central Board of Excise & Customs dated 10th March, 2017, stood vitiated.
2. To appropriately appreciate the above contentions, it is necessary to note down the facts giving rise to the instant writ petition.
3. The petitioners are engaged in the business of providing services as clearing and forwarding agents. In course of its business the petitioners
The court upheld that jurisdiction can transfer to a successor, and delays in adjudication can be justified; hence, orders passed beyond specified time limits may not be invalid if reasons are adequa....
The main legal point established in the judgment is that the Circulars issued by the Central Board of Indirect Taxes and Customs are binding on the Revenue Department, and the violation of the same w....
An order assessing tax cannot be sustained if the proper officer denies an effective opportunity of hearing, as mandated by Section 75(4) of the WBGST Act, 2017.
An adverse decision must be accompanied by an effective opportunity of hearing as mandated by statutory provisions; failure to do so renders the decision invalid.
The main legal point established in the judgment is that the opportunity of hearing must be comprehensive and cannot be short-circuited, and it must provide a real and meaningful opportunity for a fa....
Natural justice mandates an adequate opportunity for hearings; failure to do so renders an order void.
The main legal point established in the judgment is the importance of adhering to natural justice principles and timely adjudication, as well as the requirement to consider all relevant documents bef....
The court affirmed that timelines in tax appeal processes are directory, not mandatory, allowing for flexibility under circumstances of procedural injustice.
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