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If Tribunal Passed An Order In Absence Of Appearance By The Appellant, It Had To Pass The Order On Merits
Case Law Details
- Case Name
- Rajendra Prasad Borah Vs ITAT and Ors. (gauhati High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Guwahati High Court
November, 12th 2008
Issuing Authority/Forum: HC (Gauhati)
Rajendra Prasad Borah vs ITAT and Ors.
Citation : 302 ITR 243
Duty of Tribunal – Passing ex-parte order
Where the Tribunal passed an order in absence of appearance by the Appellant, it had to pass the order on merits. The Tribunal could not dismiss the appeal for default appearance by the appellant. The case was remanded to Tribunal.
A.K. Roy Choudhury, S. Roy Choudhury and Manash Haloi for the Petitioner
U. Bhuyan, B. Chakraborty and K. Medhi for the Respondent
JUDGEMENT
Amitava Roy,
This petition under article 226 of the Constit...
