1986 (4) TMI 139 - AT - Income Tax

Summary

Issues:
1. Dispute over AAC's right to restore appeals for re-hearing after being heard ex parte.

Detailed Analysis:
The judgment revolves around the dispute concerning the Appellate Assistant Commissioner's (AAC) authority to restore appeals for re-hearing that were initially heard ex parte. The appellant contended that a genuine mistake led to missing the hearing date, and cited legal precedents to support the AAC's power to rehear issues decided without proper consideration. The AAC accepted these contentions, emphasizing that both AAC and Tribunal possess coterminous powers, and directed the appeals to be fixed for a fresh hearing. The revenue appealed this decision.

The Tribunal, comprising Members H. S. Ahluwalia and A. Kalyanasundharam, extensively heard the parties involved and declined to interfere with the lower authorities' conclusion. The Tribunal's reasoning was based on the AAC's powers under Section 251, clarifying that in this case, the AAC was not hearing an appeal against an assessment or penalty order but an application for re-hearing. This falls under Section 251(e), granting the AAC discretion to pass suitable orders. The Tribunal highlighted that all judicial bodies must ensure litigants receive justice without violating natural justice principles. Moreover, the Tribunal stressed that if the AAC had not restored the matters, the appellant could have appealed against the ex parte orders, leading to a similar outcome of re-hearing. The Tribunal criticized the revenue for appealing on a seemingly trivial matter, as the AAC's decision to rehear the case was fair and within his jurisdiction. The Tribunal emphasized that quasi-judicial bodies inherently possess the power to ensure justice unless explicitly restricted. By rejecting the appeals, the Tribunal safeguarded the appellant's right to be heard by the AAC, preventing the appellant from being deprived of a remedy due to expired appeal limitations against ex parte orders.

In conclusion, the Tribunal dismissed all appeals, emphasizing the importance of upholding the right to a fair hearing and ensuring litigants receive due process in quasi-judicial proceedings.