The High Court of Allahabad, in the case of Paras Industrial Sales v. State of U.P., Writ Tax No. 1518 of 2022, passed an order stating that an adjudication order that was passed without providing the opportunity of a personal hearing to the assessee was not sustainable.
The Court directed the authority to pass a fresh order after affording the opportunity of a personal hearing to the assessee.
In other words, the High Court held that the adjudication order, which was issued without giving the assessee a chance to present their case in a personal hearing, was not valid or legally sustainable.
The Court further instructed the authority to rectify this deficiency by providing the assessee with an opportunity for a personal hearing, and then pass a fresh order based on the merits of the case.
This decision underscores the importance of providing a fair and reasonable opportunity of personal hearing to an assessee before passing an adjudication order. It reaffirms the principle of natural justice, which mandates that an individual should be given a fair opportunity to be heard before any adverse decision is taken against them.
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