1993 (3) TMI 23 - HC - Wealth-tax

Summary

Issues Involved:
1. Validity of the Tribunal's decision to dismiss the appeals without the presence of the petitioner's counsel.
2. Authorization and representation by the auditor.
3. Compliance with procedural requirements under the Wealth-tax Act and Income-tax Act.
4. Justification for rehearing the appeals.

Issue-wise Detailed Analysis:

1. Validity of the Tribunal's Decision to Dismiss the Appeals Without the Presence of the Petitioner's Counsel:
The petitioner contended that the Tribunal dismissed the appeals on October 28, 1983, without hearing the petitioner's counsel, which should not be considered a disposal on merits. The Tribunal insisted on starting the case despite the petitioner's request to adjourn the hearing due to the absence of his counsel. The petitioner argued that substantial legal issues were involved, which could not be adequately presented without his counsel. The Tribunal's decision to proceed without the petitioner's counsel was challenged as a failure to provide a proper hearing as required under section 254 of the Income-tax Act, 1961, and section 24(5) of the Wealth-tax Act, 1957.

2. Authorization and Representation by the Auditor:
The petitioner claimed that the auditor who appeared before the Tribunal was not authorized to represent him. Initially, the petitioner did not object to the auditor's presence but later argued that the auditor was only there to instruct the counsel and not to argue the case. The Tribunal noted the presence of the auditor and dismissed the appeals. The petitioner introduced the lack of authorization for the auditor in a subsequent petition dated November 25, 1983. The court found that the auditor, being a recognized authorized representative, constituted proper representation, especially since the petitioner was present and did not object at the time.

3. Compliance with Procedural Requirements Under the Wealth-tax Act and Income-tax Act:
The petitioner argued that the Tribunal failed to comply with the procedural requirements under the relevant Acts, specifically the need to provide a hearing before disposing of an appeal. The court examined sections 254 of the Income-tax Act and 24(5) of the Wealth-tax Act, along with rules 24 and 25 of the Income-tax (Appellate Tribunal) Rules, 1963, and section 288 of the Income-tax Act, which refer to the appearance by authorized representatives. The court concluded that the representation by the auditor, a recognized authorized representative, complied with the procedural requirements.

4. Justification for Rehearing the Appeals:
The petitioner sought a rehearing of the appeals, arguing that the initial hearing was not proper due to the absence of his counsel. The Tribunal rejected the miscellaneous applications for rehearing, stating that no error or mistake was apparent on the record. The court found that the petitioner systematically developed his case with embellishments at each stage and that the auditor's representation, with the petitioner's tacit approval and presence, constituted a valid hearing. The court dismissed the writ petitions, finding no merit in the petitioner's claim that he was denied an opportunity for a proper hearing.

Conclusion:
The court dismissed the writ petitions, holding that the Tribunal's decision to proceed with the hearing in the absence of the petitioner's counsel, but with the presence of an authorized auditor, was valid and in accordance with the law. The representation by the auditor was deemed proper, and the petitioner was found to have been given a fair opportunity to present his case. The dismissal of the writ petitions does not affect the merits of the claims in the appeals, which are being agitated in proper proceedings under the Wealth-tax Act, 1957.