IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, SHAIL JAIN
Balaji Freight Carriers Pvt. Ltd. – Appellant
Versus
Union Of India – 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 – Balaji Freight Carriers Pvt. Ltd. under Article 226 of the Constitution of India, inter alia, challenging the Show Cause Notice dated 23rd September, 2023 (hereinafter, ‘the SCN’), pertaining to the Financial Year 2017-18, as also the consequent order dated 13th December, 2023, passed by the office of Sales Tax Officer Class II/ AVATO, Delhi (hereinafter, ‘the impugned order’).
3. The demand raised upon the Petitioner vide the impugned order is as under:
Demand raised vide order dated 13th December, 2023:

4. Further, the petition also challenges Notification No.9/2023-Central Tax dated 31st December, 2023 as also Notification No.56/2023-Central Tax dated 28th December, 2023 (hereinafter ‘impugned notifications’).
5. 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) 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
Court emphasizes the necessity of fair hearing in tax adjudication processes.
Notifications under the GST Act must adhere to procedural requirements, ensuring parties receive fair opportunity to respond to demands initiated by show cause notices.
Notifications extending deadlines under GST must follow procedures set by the GST Act, particularly Section 168A, or face legal challenges.
Fair opportunity to respond to proceedings must be ensured in administrative actions under taxation laws.
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 hearing rights in tax disputes are essential, emphasizing adherence to procedural validity in notifications under GST law.
Parties must be given a fair opportunity to respond to Show Cause Notices in administrative proceedings to ensure proper adjudication.
Procedural fairness requires that parties receive adequate notice and opportunity to respond before demands or penalties are enforced by administrative authorities.
Parties must be provided a fair opportunity to respond to administrative notices, with procedural compliance mandated to ensure just outcomes.
The court emphasized the importance of procedural fairness in GST assessments, mandating opportunity for response to show cause notices before adverse orders are issued.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.