2006 (4) TMI 61 - HC - Income Tax

Sufficient cause had been shown by petitioners for non-appearance before the tribunal on the date of hearing Exparte order passed by the tribunal is set aside and appeal is restored for fresh disposal on merits.

Summary

Issues:
- Application of Rule 24 of the Income Tax Appellate Tribunal Rules, 1963
- Judicial review of the Tribunal's decision on merits without considering sufficient cause for non-appearance

Analysis:

Issue 1: Application of Rule 24 of the Income Tax Appellate Tribunal Rules, 1963
The petitioners filed writ petitions seeking a writ of certiorarified Mandamus to quash the orders passed by the Tribunal and direct the Tribunal to hear the appeals in I.T.A.T. Nos.328,323,324/MDS/2000 after the Tribunal decided the appeals on merits in their absence. The petitioners relied on the proviso to Rule 24 of the Income Tax Appellate Tribunal Rules, 1963, which allows setting aside an ex parte order and restoring the appeal if sufficient cause for non-appearance is shown. The Tribunal failed to consider the application of this proviso, leading to the dispute.

Issue 2: Judicial review of the Tribunal's decision on merits without considering sufficient cause for non-appearance
The Court observed that the Tribunal did not apply its judicial mind to the facts of the case. The authorized representative of the appellants had submitted a letter seeking adjournment in time, which should have been considered as a reasonable cause for non-appearance. The Tribunal's decision to reject the petitions without evaluating the reasonable cause was deemed improper. The Court emphasized that the petitioners only sought an opportunity to present their case on merits and setting aside the ex parte order would not harm the respondents. Therefore, the Court set aside the Tribunal's order and directed the Tribunal to restore the appeals for a fresh hearing, emphasizing the importance of cooperation from the petitioners in the process.

In conclusion, the Court allowed the writ petitions, set aside the Tribunal's order, and directed the Tribunal to restore the appeals for a fresh hearing. The judgment highlighted the importance of considering reasonable cause for non-appearance as per Rule 24 and emphasized the need for a fair opportunity for the petitioners to present their case on merits.