2009 (2) TMI 350 - HC - Income Tax

Without providing the opportunity of being heard Natural Justice The widow of deceased filed the appeal on the ground that she was the legal representative of the deceased and had not been heard, hence the assessment was bad in law. In this case Rajasthan High Court-held that, question of law as to whether an order can be passed without providing opportunity of hearing to the legal representatives of the deceased becomes academic in nature, more so when subsequent orders passed by the Appellate Assistant Commissioner making assessment after providing opportunity of hearing to the legal representatives have not been challenged by the appellants, thus these reference are disposed off. Decision in favor of revenue against the assessee.

Issues:
1. Opportunity of hearing to legal representatives in assessment order.
2. Validity of assessment order without hearing all legal representatives.
3. Compliance with directions in remanded assessment order.

Issue 1: Opportunity of hearing to legal representatives in assessment order.
The case involved references made under section 256(1) of the Income-tax Act, 1961 regarding assessment years 1975-76, 1976-77, and 1977-78. The Assessing Officer conducted the assessment, which was later set aside by the Appellate Assistant Commissioner for fresh disposal. The subsequent assessment order was passed after providing an opportunity of hearing to the legal representatives of the deceased. The Income-tax Appellate Tribunal remanded the matter back to the Appellate Assistant Commissioner for deciding the appeal afresh after hearing all legal representatives and the Income-tax Officer. The central question was whether an assessment order can be passed without affording an opportunity of hearing to the legal representatives of the deceased, especially when the matter was remanded with specific directions to do so.

Issue 2: Validity of assessment order without hearing all legal representatives.
The widow of the deceased raised concerns about not being heard during the assessment process, claiming that as the legal representative, she should have been given an opportunity to present her case. However, the Appellate Assistant Commissioner found that the aggrieved person who was heard was one of the legal representatives, and therefore, the appeal by the widow was not maintainable against that specific assessment order. The Income-tax Appellate Tribunal then remanded the matter to ensure all legal representatives were heard before making a decision. The Tribunal emphasized the importance of providing a fair hearing to all legal representatives before finalizing the assessment order.

Issue 3: Compliance with directions in remanded assessment order.
The Tribunal observed that subsequent assessment orders were made after providing an opportunity of hearing to all legal representatives, addressing the core grievance raised by the appellants. The Tribunal concluded that the questions referred were academic in nature as the main concern had been resolved by granting a fair hearing to the legal representatives. Consequently, the references were deemed futile and were disposed of accordingly. The judgment highlighted the significance of complying with directions in remanded assessment orders and ensuring all concerned parties are given a chance to present their case.

In conclusion, the judgment emphasized the importance of providing a fair opportunity of hearing to all legal representatives in assessment proceedings, especially in cases where the matter has been remanded with specific directions to do so. The decision underscored the need for compliance with such directions and ensuring that all concerned parties are given a chance to be heard before finalizing the assessment order.

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