Kapstone INDIA (P) LTD vs. The Dy. Commissioner Of Central Tax And Central Excise

WP(C)/23311/2020HC KeralaGSTCNR KLHC01058277202021 December 2020Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR15 pages
For Petitioner: SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON
AI SummaryRemanded

Held

The Court held that the Appellate Authority failed to strictly comply with the procedure of maintaining and providing a record of personal hearing during video conferencing, which was essential for natural justice. Consequently, the impugned orders were quashed, and the Appellate Authority was directed to pass fresh orders after complying with the procedure and re-hearing the petitioners.

Facts

Petitioners challenged appellate orders, arguing the Appellate Authority failed to maintain and provide a record of personal hearing conducted via video conferencing during the COVID-19 pandemic, violating natural justice. The respondents admitted that the record of personal hearing was inadvertently omitted to be sent to the petitioners.

Key Issues

Whether the Appellate Authority's failure to maintain and provide a record of personal hearing conducted via video conferencing during the pandemic violates the principles of natural justice and invalidates the appellate orders.

AI-generated summary — verify with the full judgment below

Heard together (6 matters)

WP(C).No.23270 OF 2020
WP(C).23275/2020
WP(C).23290/2020
WP(C).23311/2020
WP(C).23342/2020
WP(C).23391/2020

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C).No.23270 OF 2020(G) PETITIONER: M/S.METROLITE ROOFING PVT. LTD. KINFRA, KANJIKODE, PALAKKAD 678 621, REPRESENTED BY ITS MANAGING DIRECTOR VASU V.M., BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE DY. COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE PALAKKAD GST DIVISION, METTUPPALAYAM STREET, PALAKKAD 678 001. 2 THE COMMISSIONER (APPEALS) CENTRAL TAX AND CENTRAL EXCISE, CR BUILDINGS, I.S. PRESS ROAD, KOCHI 18. 3 CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS. MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA, GST POLICY WING, NORTH BLOCK, NEW DELHI 110 001, REPRESENTED BY ITS COMMISSIONER (GST). R1-3 BY SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, ALONG WITH WP(C).23275/2020(H), WP(C).23290/2020(I), WP(C).23311/2020(L), WP(C).23342/2020(P), WP(C).23391/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

2 WP(C).No.23270 OF 2020(G), WP(C).23275/2020(H), WP(C).23290/2020(I), WP(C).23311/2

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