IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, SHAIL JAIN
Sherul Insulations – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT :
PRATHIBA M. SINGH, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-M/s Sherul Insulations through its Karta-Mr. Shantilal Porwal under Article 226 of the Constitution of India inter alia challenging the Show Cause Notice dated 23rd September 2023 (hereinafter ‘SCN’) and order dated 25th December 2023 (hereinafter ‘impugned order’) passed by the office of Sales Tax Officer Class II/ AVATO, Delhi, in respect of FY 2017-18.
3. Additionally, the petition also challenges the vires of Notification No.09/2023-Central Tax dated 31st March 2023, Notification No.09/2023-State Tax dated 22nd June 2023, Notification No.56/2023-Central Tax dated 28th December 2023 and Notification No. 56/2023-State Tax dated 11th July 2024 (hereinafter ‘impugned notifications’).
4. The validity of the impugned notifications was under consideration before this Court in a batch of petitions with the lead petition being W.P. (C) No. 16499/2023 titled DJST Traders Pvt. Ltd. vs. Union of India and Ors. In the said batch of petitions, on 22nd April, 2025, the parties were heard at length qua the validity of the impugned notification and accord
Parties must be provided a fair opportunity to respond to administrative notices, with procedural compliance mandated to ensure just outcomes.
Notifications extending deadlines under GST must follow procedures set by the GST Act, particularly Section 168A, or face legal challenges.
Notifications under the GST Act must adhere to procedural requirements, ensuring parties receive fair opportunity to respond to demands initiated by show cause notices.
The court established that procedural fairness requires a proper opportunity to be heard prior to any adjudication, particularly in tax-related proceedings, thereby allowing the petitioner to respond....
Fair opportunity to respond to proceedings must be ensured in administrative actions under taxation laws.
The court emphasized the importance of procedural fairness in GST assessments, mandating opportunity for response to show cause notices before adverse orders are issued.
Fair hearing rights in tax disputes are essential, emphasizing adherence to procedural validity in notifications under GST law.
Court emphasizes the necessity of fair hearing in tax adjudication processes.
Procedural fairness requires that parties receive adequate notice and opportunity to respond before demands or penalties are enforced by administrative authorities.
The court ruled that procedural fairness is essential in tax assessments, emphasizing the need for proper notice and an opportunity for the petitioner to respond before decisions are finalized.
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