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

2021 (9) TMI 1002

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... not intimate or notify the petitioner about the proceedings nor was the petitioner heard before passing the impugned order, which clearly shows that no opportunity, much less reasonable or sufficient opportunity was provided to the petitioner before passing the impugned order which is violative of principles of natural justice and deserves to be quashed. On the ground of violation of principles of natural justice alone, the impugned order passed by the respondent No.2 as well as subsequent endorsement at Annexure-B dated 1.4.2021 deserve to be quashed - Petition allowed by way of remand. - WRIT PETITION NO.103264/2021 (T-RES) - - - Dated:- 7-9-2021 - HON BLE MR. JUSTICE S.R. KRISHNA KUMAR PETITIONER (BY SRI.MALLAHAR RAO H.R. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sposal of this writ petition before this Hon ble Court; iv. Grant such other orders of directions deemed fit in the circumstances of the case and in the interests of justice. 2. Heard learned counsel for the petitioner and learned HCGP for the respondents. Perused the material on record. 3. In addition to reiterating the various contentions put forth in the memorandum of writ petition and referring to the documents produced by the petitioner, learned counsel for petitioner invites my attention to the impugned order at Annexure-A in order to point out that it is stated therein that the notice alleged to have been sent by RPAD by the respondent No.2 to the petitioner had been returned with an endorsement No such premises found .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed HCGP on behalf of respondent submits that there is no merit in the petition and the same is liable to be dismissed. It is submitted that since there is equally, efficacious and alternative remedy by way of appeal available to the petitioner, the present petition is not maintainable. It is also submitted that the present petition is barred by delay and latches and the same is liable to be dismissed. 7. As rightly contended by the learned counsel for the petitioner, perusal of the impugned order at Annexure-A will clearly indicate that except for stating that the notice alleged to have been sent by the respondent No.2 to the petitioner was returned unserved with the endorsement no such premises found , the respondent No.2 did not intim .....

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