2015 (2) TMI 586 - HC - Income Tax

Failure to give adequate hearing after calling for additional evidence to be produced before such Tribunal - Held that - As the Tribunal did not give an opportunity of hearing based on such additional documents has not been fairly disputed by the learned Counsel appearing for the respondents/Revenue. Without going into the merits of the rival contentions and in the interest of justice, we find it appropriate to quash and set aside the order passed by the Tribunal and direct the Tribunal to decide the appeal preferred by the respondents/Revenue afresh after giving the appellant and respondents an opportunity of being heard with regard to the additional documents - Decided in favour of assessee by way of remand.

Summary

Issues:
Failure to give adequate hearing after calling for additional evidence by the Income Tax Appellate Tribunal.

Analysis:
The High Court heard the appeal concerning the failure of the Income Tax Appellate Tribunal to provide adequate hearing after requesting additional evidence. The appellant produced the required documents on 2/08/2013 following the Tribunal's directive. However, the Tribunal disposed of the appeal in favor of the Revenue on 23/08/2013 without recording reasons for examining the additional documents, as required by Rule 29 of the Appellate Tribunal Rules of 1963. The appellant contended that this lack of reasoning vitiated the Tribunal's order.

Upon considering the arguments, the High Court noted that the Tribunal indeed did not offer a hearing based on the additional documents, a fact not disputed by the respondents' counsel. In the interest of justice and without delving into the merits of the case, the Court decided to quash the Tribunal's order and directed a fresh hearing. The Court emphasized the importance of providing both parties with an opportunity to be heard regarding the additional documents, thereby upholding the principles of natural justice.

Consequently, the High Court issued an order to quash and set aside the Tribunal's order dated 23/08/2013, restoring the Income Tax Appeal to the Tribunal's file. The Tribunal was instructed to reexamine the appeal, ensuring a fair hearing for both the appellant and the respondents in accordance with the law. The Court left all contentions on merits open for further consideration and directed the return of records and proceedings to the respective authorities. Both appeals were disposed of accordingly, emphasizing the significance of procedural fairness and adherence to legal requirements in the appellate process.