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Failure to Issue Notice for Hearing Invalidates Order under Section 250
Case Law Details
- Case Name
- Michealle Fatima Niaz Vs CIT (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
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Michealle Fatima Niaz Vs CIT (Kerala High Court)
Kerala High Court held that provisions of section 250 of the Income Tax Act mandates Commissioner (A) to fix the date and place of hearing in the appeal and notice in that regard is required to be issued. Order issued in violation of procedure prescribed u/s. 250 is liable to be set aside.
Facts-
The present writ petition under Article 226 of the Constitution of India has been filed against orders passed by the CIT(A) in appeals which are instituted by one late Mr. Mohammad Niaz, husband of the petitioner.
Notably, the husband o...





