Can an Order Be Passed Without Proper Notice?

Introduction

Imagine getting a fine without being told why or having a chance to defend yourself. Sounds unfair, right? In legal terms, this boils down to one crucial element: proper notice. Passing an order without proper notice isn’t just a minor slip-up—it’s a procedural blunder that invalidates the entire order. In this article, we’ll delve into why proper notice is essential, explore significant court cases, and understand the legal ramifications of skipping this step.

What Constitutes Proper Notice?

Proper notice is like a fair warning. It’s a legal requirement that ensures all parties involved in a legal proceeding are informed about what’s happening, why it’s happening, and when they can respond or present their case. This notice must be clear, specific, and timely. Without it, individuals and entities cannot adequately prepare their defense or comply with legal requirements, leading to unfair outcomes.

Legal Precedents on Orders Passed Without Proper Notice

Courts have consistently held that orders passed without proper notice are fundamentally flawed. These precedents highlight the judiciary’s commitment to upholding procedural fairness and ensuring that justice isn’t just done but seen to be done. Let’s dive into some pivotal cases that underscore this principle.

Case Study: Sudev Industries – Delhi High Court

Introduction

On August 3, 2021, the Delhi High Court delivered a significant judgment in the case of Sudev Industries Ltd vs National Faceless Assessment Centre. This case revolved around the challenges posed by the petitioner, Sudev Industries Ltd, against the assessment order dated May 13, 2021, issued by the National Faceless Assessment Centre (NFAC), formerly known as the National e-Assessment Centre. The court’s decision underscored critical aspects of natural justice and procedural requirements under the Income Tax Act, especially in the context of faceless assessments.

Facts of the Case

Sudev Industries Ltd filed a writ petition challenging the assessment order under Section 144 read with Section 254 of the Income Tax Act for the Assessment Year 1995-96. The impugned order was accompanied by a notice of demand under Section 156 and penalty proceedings under Sections 271(1)(b) and 271(1)(c) of the Act.

The petitioner contended that the assessment order and accompanying notices were illegal and violated principles of natural justice. They argued that the assessment was finalized without issuing a prior notice or a draft assessment order and without providing an opportunity for the petitioner to be heard. Additionally, the petitioner highlighted that their Chartered Accountant and his family were suffering from COVID-19 at the relevant time, impeding their ability to respond appropriately.

Issue

The primary issue before the court was whether the assessment order issued by the NFAC without prior notice, draft assessment order, and an opportunity for a personal hearing was in violation of Section 144B of the Income Tax Act, which outlines the procedures for faceless assessments.

Held

Violation of Natural Justice

The court, presided over by Justice Manmohan and Justice Navin Chawla, emphasized the importance of adhering to the principles of natural justice. They noted that Section 144B(7) of the Income Tax Act mandates the issuance of a prior show cause notice and a draft assessment order before finalizing the assessment. Furthermore, it requires that the assessee be given an opportunity for a personal hearing if requested.

The court observed that the NFAC had failed to provide these mandatory opportunities to Sudev Industries Ltd. This failure constituted a breach of natural justice, rendering the assessment order invalid.

Requirement of Personal Hearing

The court referenced a previous decision in Sanjay Aggarwal vs. National Faceless Assessment Centre, where it was held that the usage of the word ‘may’ in Section 144B(7) does not absolve the revenue from considering requests for personal hearings. The court reiterated that the NFAC must establish standards, procedures, and processes for approving such requests. In the absence of these, denying a personal hearing was deemed unjustifiable.

Technical Glitches and Access Issues

During the proceedings, the respondent’s counsel admitted that the jurisdictional assessing officer could not access the petitioner’s portal, which further complicated the situation. The court acknowledged this technical glitch but emphasized that it did not excuse the NFAC from following due process.

Case Study: Alok Steel Industries Pvt. Ltd. – Jharkhand High Court

Introduction

In a significant legal case before the High Court of Jharkhand at Ranchi, Alok Steel Industries Private Limited, represented by its Director Kamendra Mishra, challenged the actions of the State Tax Department. The petitioner raised concerns regarding procedural irregularities and alleged violations of natural justice under the Jharkhand Goods and Services Tax (JGST) Act, 2017. This case, presided over by Hon’ble Mr. Justice Rongon Mukhopadhyay and Hon’ble Mr. Justice Deepak Roshan, delves into critical aspects of tax adjudication and the observance of legal principles.

Facts of the Case

Alok Steel Industries Private Limited, a company engaged in manufacturing Sponge Iron and M.S. Billet, operates from Ramgarh, Jharkhand. The Deputy Commissioner of State Tax, Ramgarh Circle, issued a Summary of Show Cause Notice in FORM GST DRC-01 to the petitioner on 27.09.2019. Subsequently, on 02.09.2020, an adjudication order was passed, imposing tax, interest, and penalty for the financial year 2018-19. Additionally, on 04.09.2020, a Summary of the Order was issued to the petitioner. The petitioner contested these actions, alleging that they violated procedural norms and principles of natural justice.

Issue

The main contentions revolved around the validity of the notices and the observance of procedural requirements under the JGST Act. The petitioner argued that the Summary of Show Cause Notice did not meet the standards prescribed under Section 73 of the Act. Furthermore, the absence of a hearing opportunity and the issuance of only a summary demand were highlighted as significant procedural lapses.

Held

The court, referencing previous rulings, upheld the petitioner’s claims. It emphasized that a summary notice cannot substitute a detailed show cause notice as required by law. Moreover, the court deemed the lack of a hearing opportunity a violation of natural justice principles. Additionally, the issuance of a summary demand without a formal adjudication order was found to be contrary to legal provisions. Consequently, the court quashed the Summary of Show Cause Notice dated 27.09.2019, the adjudication order dated 02.09.2020, and the Summary of the Order dated 04.09.2020. However, the respondents were given the liberty to initiate fresh proceedings if deemed necessary.

Case Study: Naresh Kumar Goyal – Delhi High Court

Introduction

In the legal arena, the case of Naresh Kumar Goyal vs. National Faceless Assessment Centre has garnered significant attention due to its implications on the principles of natural justice and the procedural aspects of tax assessment. This case, adjudicated by the Delhi High Court, revolves around the petitioner’s challenge against an assessment order issued by the Respondents under the Income Tax Act, 1961.

Facts of the Case

The petitioner, Naresh Kumar Goyal, filed a writ petition challenging the assessment order issued by the Respondents, along with related notices, including a show cause notice, draft assessment order, and penalty notice. The crux of the petitioner’s argument rested on the alleged violation of principles of natural justice, particularly the denial of an opportunity for personal hearing during the assessment process. It was contended that despite the petitioner’s request for a personal hearing, the same was denied by the Respondent No. 6.

Issue

The primary issue before the court was whether the assessment order and related notices were passed in accordance with the principles of natural justice, specifically regarding the petitioner’s right to a personal hearing as per the provisions of the Income Tax Act, 1961.

Held

Upon hearing the arguments presented by both parties, the Delhi High Court held that the assessment order and associated notices were indeed passed in violation of the principles of natural justice. The court emphasized the petitioner’s right to a personal hearing as provided under Section 144B(7)(vii) of the Income Tax Act, 1961. It noted that the Respondents’ denial of this opportunity without proper justification constituted a procedural irregularity. In light of this finding, the court set aside the impugned assessment order, notice of demand, and penalty notice, remanding the matter back to the Assessing Officer. The Assessing Officer was directed to grant the petitioner a fair opportunity of hearing via video conferencing and to pass a reasoned order in accordance with the law.

Common Themes in Judicial Rulings

Across these cases, a common theme emerges: the judiciary’s insistence on due process and fair hearing. Courts have repeatedly ruled that orders issued without proper notice are not just flawed but null and void. This principle ensures that everyone gets a fair chance to present their side before any decision is made.

Procedural Deficiencies and Their Consequences

Procedural deficiencies refer to failures in following legal steps and requirements. When authorities skip necessary steps like issuing notices, it leads to significant consequences. Orders passed under such circumstances are often declared void-ab-initio, meaning they are invalid from the outset.

Void-ab-initio Orders

Void-ab-initio is a legal term meaning “invalid from the beginning.” Orders passed without proper notice fall into this category. Such orders are not just incorrect—they never had any legal validity to begin with. This concept is crucial in maintaining the integrity of legal processes.

The Role of Judicial Review

Judicial review serves as a check on administrative and judicial actions. When orders are passed without proper notice, judicial review ensures that such orders are scrutinized and, if found lacking, are nullified. This mechanism upholds procedural fairness and protects individuals’ rights.

How to Ensure Proper Notice

To avoid procedural pitfalls, authorities must follow best practices for issuing notices. This includes: