Natural justice in refund rejection: hurried disposal after a short reply period was quashed and remitted for fresh decision

Natural justice in refund rejection: hurried disposal after a short reply period was quashed and remitted for fresh decisionCase-LawsGSTRefund rejection without a reasonable opportunity to reply to the show-cause notice breached principles of natural j…

Natural justice in refund rejection: hurried disposal after a short reply period was quashed and remitted for fresh decision
Case-Laws
GST
Refund rejection without a reasonable opportunity to reply to the show-cause notice breached principles of natural justice. Although the Department had discretion to grant further time, that discretion had to be exercised fairly; where the taxpayer sought extension the next day to gather documents and file a reply, immediate rejection on expiry of a short period showed unwarranted haste. The impugned order was quashed, the taxpayer was given two weeks to file its reply with supporting documents, and the Department was left free to pass a fresh order thereafter.
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