Natural justice requires consideration of objections before an adverse order under Section 129(3); ignored objections vitiate the decision.

Natural justice requires consideration of objections before an adverse order under Section 129(3); ignored objections vitiate the decision.Case-LawsGSTAn adverse order under Section 129(3) must be preceded by consideration of the affected party’s objec…

Natural justice requires consideration of objections before an adverse order under Section 129(3); ignored objections vitiate the decision.
Case-Laws
GST
An adverse order under Section 129(3) must be preceded by consideration of the affected party's objections and an adequate hearing. Where objections were filed but ignored, and the order was passed without recording reasons on the penalty issue or dealing with the submissions made, the order is vitiated for breach of natural justice and audi alteram partem. The proper course is to set aside such an order and remand the matter for fresh adjudication through a reasoned decision after granting a fair opportunity of hearing.
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