2004 (9) TMI 16 - HC - Income Tax

Appeal recall of order by tribunal - By the impugned order, the Tribunal has allowed the application of the assessee seeking rectification of the main order passed by the Tribunal in appeal and has accordingly recalled the main order on the ground that the assessee was not found to be served the notice of the appeal before the appeal was finally heard and decided against them - If the assessee is granted an opportunity of hearing, in appeal, then there is no prejudice caused to the Revenue. It is for the reason that as and when the appeal is heard by the Tribunal, the Revenue will also be heard by the Tribunal before any order is passed on the merits. In such matters, the Revenue should not have even filed the appeal which does not really involve any substantial question of law. Revenue s appeal is dismissed in limine

Summary

Issues:
Appeal under section 260A of the Income-tax Act, 1961 against rectification of main order due to improper service of notice to the assessee.

Analysis:
The appeal before the High Court involved the Revenue challenging an order by the Tribunal allowing the rectification of the main order passed in appeal due to improper service of notice to the assessee. The Tribunal recalled the main order and set the appeals for final hearing after confirming that the notice of appeal was not properly served on the assessee. The Revenue contended that the appeal raised substantial questions of law as required under section 260A of the Act.

The High Court, however, disagreed with the Revenue's contention, stating that there was no question of law, let alone a substantial one, involved in the appeal. The Tribunal had made a clear finding that the assessee was not served the memo of appeal before the final hearing, leading to the ex parte decision against them. The High Court upheld the Tribunal's decision to recall the order, emphasizing that the appeal was heard without proper notice to the assessee, causing prejudice. The Court highlighted that granting the assessee an opportunity for a fair hearing would not harm the Revenue, as they would also be heard before any final decision by the Tribunal.

Ultimately, the High Court dismissed the appeal, stating that there was no substantial question of law involved. The Court criticized the Revenue for filing an appeal that lacked merit and did not involve any significant legal issues. The judgment emphasized the importance of fair procedures and ensuring that both parties have a chance to present their case before a final decision is made, underscoring the principles of natural justice and due process in legal proceedings.