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2004 (9) TMI 82 - HC - Income TaxEx parte order by tribunal Service of notice - Notice fixing the date of hearing sent by post has been received back with the postal authorities remark left - when the notice notifying the date of hearing has not been served on the assessee, there is no question of deciding the matter ex parte - Tribunal ought to have waited for proper service and after the proper service on the party, it ought to have decided the matter - In view of this, the ends of justice would be met if the impugned order is set aside and the Tribunal is directed to decide the appeal afresh after ensuring effective service on the assessee in accordance with law
Issues: Lack of effective service leading to an ex parte decision by the Tribunal.
In this case, the High Court of Delhi heard an appeal filed by the Commissioner of Income-tax against an order made by the Income-tax Appellate Tribunal for the assessment year 1994-95. The Tribunal had disposed of the appeal ex parte as the assessee did not appear, based on the postal remark "left" on the notice of hearing. The High Court noted that the assessee was not effectively served with the notice, which is a crucial requirement before deciding a matter ex parte. The Court emphasized that a party must be served with a notice of hearing, and only then can a decision be made in their absence. The Court found that the Tribunal should have waited for proper service on the assessee before proceeding with the case. Therefore, the High Court set aside the impugned order and directed the Tribunal to decide the appeal afresh after ensuring effective service on the assessee as per the law. This judgment highlights the importance of proper service of notice to parties in legal proceedings, especially before deciding a matter ex parte. It underscores the principle that justice can only be served when all parties are given a fair opportunity to present their case. The Court's decision to set aside the order and instruct a fresh decision after ensuring proper service upholds the fundamental right to a fair hearing and due process in legal proceedings.
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