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Scope of order of the tribunal - The Tribunal has failed to ...


Tribunal Omits Key Questions, Violating Supreme Court's Rationale Requirement for Judicial Orders.

June 16, 2023

Case Laws     VAT and Sales Tax     HC

Scope of order of the tribunal - The Tribunal has failed to record any reasons with respect to seven out of eight questions raised in the reference applications. It is well settled law laid down by the Hon’ble Supreme Court in various and authoritative pronouncements mentioned supra that reasons must be recorded in a judicial order even when it relates to the non-reference of certain questions raised in the reference applications. The applicants had the right to know that what weighed with the Tribunal in not referring or even discussing the questions raised by the applicants in the applications. - HC

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