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Issues:
1. Application for rectification under section 254(2) of the Income-tax Act dismissed without a hearing. 2. Violation of principles of natural justice by not granting an opportunity for a hearing. 3. Interpretation of section 254(2) regarding the necessity of a hearing. 4. Application of the rules of natural justice in cases excluded by statute. Detailed Analysis: 1. The appellant, an income-tax assessee, filed an appeal against the dismissal of an application for rectification under section 254(2) of the Income-tax Act. The application sought to modify an earlier order regarding the tax liability of the appellant. The appellant contended that the dismissal without a hearing violated the principles of natural justice. 2. The court examined the provisions of section 254(2) of the Income-tax Act, which allows the Tribunal to rectify mistakes apparent from the record. The court noted that the proviso to the section mandates a hearing only in cases where the rectification enhances the assessment or increases the liability of the assessee. In this case, the dismissal of the application did not alter the appellant's rights or increase their liability, making a hearing unnecessary. 3. The court rejected the argument that the dismissal without a hearing violated natural justice principles. It emphasized that the legislature's intent was clear in confining the requirement of a hearing to specific cases outlined in the proviso of section 254(2). The court disagreed with a previous Delhi High Court judgment that extended the requirement of a hearing beyond what the legislature had provided for. 4. The court reiterated the principle that natural justice rules can supplement but not supplant statutory provisions. It emphasized that where the legislature excludes the application of natural justice rules, courts should respect that decision. The court cited previous judgments to support the view that the principles of natural justice cannot be applied where the statute expressly excludes them. 5. The court concluded that the appellant had ample opportunities to present their case before various tax authorities and the Tribunal. The application for rectification did not reveal any mistake apparent from the record, and the Tribunal's decision not to interfere with the earlier order was justified. Therefore, the court upheld the dismissal of the writ petition and rejected the appeal. 6. The court clarified that its decision did not express an opinion on the pending reference arising from the Appellate Tribunal's order. The court emphasized that each case should be decided on its own merits, and the current judgment should not be construed as prejudicing the pending reference.
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