Order released without giving notice is contrary to the principles of natural justice

Last updated: 14 December 2024
Quick Summary
The Madras High Court has ruled that issuing an order without providing proper notice to the affected party violates the fundamental principles of natural justice. In this case, goods belonging to Tvl. Spark Bio Gas (P.) Ltd. were detained, and an order imposing penalties was made without giving the company an opportunity to present its defence. The court found this to be a breach of natural justice and directed that the goods be released upon the petitioner providing satisfactory security, with new proceedings to be initiated correctly.

Court :
Madras High Court

Brief :
The Hon'ble Madras High Court in the case Tvl. Spark Bio Gas (P.) Ltd v. State Tax Officer (FAC), Vellore [W.P. 19801/2024 dated July 31, 2024] held that an order released without giving proper notice is contrary to principles of natural justice.

Citation :
W.P. 19801/2024 dated July 31, 2024

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Bimal Jain
Published in GST
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