9911796707
TMI Blog2021 (9) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessment Year 1998-99. 2.The assessee has raised the following substantial questions of law in this appeal : "1.Whether the Appellate Tribunal is correct in law in accepting the appeal of the Department/respondent relating to the Assessment Year 1998-99 exparte without granting reasonable opportunity of hearing while grossly violating the principles of natural justice? 2.Whether the Appellate Tribunal is correct in law in rejecting the plea for exclusion of the value of the factory land and buildings within the scope of the exception carved out in the definition of net wealth in Section 2(ea) of the Act read with the charging provisions of the Act by overlooking the purposive legislation as well as the schematic interpretation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the inability of the Chartered Accountant and the counsel to file a letter of adjournment should not have resulted in passing an ex parte order, inasmuch as the assessee should not suffer for the default of the Chartered Accountant and the counsel who moved the petition on their behalf, stating personal reasons/professional preoccupation. Therefore, the assessee pleaded that their case should be considered as reasonable and sufficient for non appearance within the scope of Rule 25 of the Appellate Tribunal Rules, 1963. It is pointed out that the proviso to the said Rule gives scope for the recall of the ex parte order and in fact, the said proviso uses the term "shall" which conveys the mandatory nature of the power to recall vested w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned before the Tribunal at the instance of the Revenue, has not elaborately gone into the facts, nor has the Assessing Officer done so while passing the Assessment Order dated 30.09.2005. Therefore, the duty cast upon the Tribunal became more onerous and it has done in-depth study of the nature of transactions done by the assessee. However, if the assessee had an opportunity to place their submissions before the Tribunal, the order would have been more elaborate and a speaking order and it would satisfy the principles of natural justice and the principle of audi alteram partem. In our considered view, this opportunity could have been granted to the assessee when they filed the Miscellaneous Petition, which was filed within the reasonable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was found to be a false statement. Therefore, we are of the view that an opportunity could have been granted to the assessee to place the factual position before the Tribunal for a more effective adjudication and decision on merits. Hence, on that ground alone, we are inclined to interfere with the order passed by the Tribunal, leaving the legal issues open to be decided by the Tribunal on remand. 11.For the above reasons, this Tax Case Appeal is allowed to the extent indicated and the order passed by the Tribunal in the Miscellaneous Petition, dated 16.03.2012, as well as the order dated 25.02.2011, are set aside and the matter is remanded back to the Tribunal for fresh consideration. Consequently, the substantial question of law No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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