9911796707
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Issues:
Adjustment of tax liability from refund amount without providing a reasonable notice to the petitioner firm. Analysis: The judgment pertains to a petition filed under Article 226 of the Constitution challenging an order that adjusted a sum towards the tax liability of an individual partner from the refund due to a partnership firm. The petitioner firm contended that no adjustment could be made from amounts due to the partnership firm after the partner ceased to be associated with it. The respondents argued that the adjustment was valid as it related to the years when the individual was a partner. The court noted that the adjustment proceedings are quasi-judicial and require natural justice principles to be followed, including providing a reasonable notice to the assessee before making the adjustment. It was found that the petitioner firm was not given an opportunity to present its case before the adjustment order was passed, leading to prejudice. The court held that the adjustment order, without affording the petitioner firm a chance to be heard, was unjust. Consequently, the court quashed the adjustment order and directed the matter to be redetermined after providing a notice to the petitioner firm for presenting its version. In conclusion, the petition was allowed, and the adjustment order was quashed. The petitioner was granted costs. The judgment emphasizes the importance of following natural justice principles in quasi-judicial proceedings and ensuring that parties are given a fair opportunity to present their case before any adverse orders are passed.
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