Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (4) TMI 379

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed - Held that:- Failure to give reasons amounts to denial of justice. Reasons are live links between the minds of the decision taker to the controversy in question and the decision or conclusion arrived at. Reasons substitute subjectivity by objectivity. Right of reason is an indispensable part of the sound judicial system. Another rationale is that the affected party can know why the decisio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... el for the petitioner. Ms. Mini Ravindran, learned Deputy Government Advocate for the respondents. ORDER 1. By filing this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the imposition of Entry Tax on purchase of plant and machinery acquired for execution of work contract during the period 01.04.1987 to 31.03.1988 vide order dated 31.10.199 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oner's revision petition, the revisional authority has not passed speaking order. The grounds raised by the petitioner through its written submissions (Annexure P/5) have not at all been dealt with. In the absence of reasons in the revisional order, the same cannot be sustained. 4. It has now been well settled that failure to give reasons amounts to denial of justice. Reasons are live links .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 7]. In the case of Assistant Commissioner Commercial Tax Department v Shukla and Brothers (2010) 4 SCC 785, the Supreme Court reiterating its earlier view and has stated that recording of reasons is an essential feature of dispensation of justice. A litigant, who approaches the Court with any grievance, in accordance with law, is entitled to know the reasons for grant or rejection of his prayer. R .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ted the correct legal approach. 5. Having regard to the aforesaid settled legal position, we have no option, but to set aside the order dated 30.05.2000 (Annexure P/1) passed by the second respondent and remit the matter to the second respondent i.e. reivisional authority to pass a fresh reasoned order, after giving an opportunity of hearing to the petitioner. 6. With the aforesaid direction .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates