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AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether the writ petitioner was required to pursue the statutory appeal instead of invoking writ jurisdiction, and whether the learned Single Judge was right in foreclosing the questions arising from cancellation of the certificate of registration under the Reserve Bank of India Act, 1934.
Analysis: The cancellation order was challenged on grounds of want of rectification notice, inclusion of matters not found in the show-cause notice, and alleged denial of proper hearing. The Division Bench noted that the controversy turned on the scope of section 45-IA(6) and the effect of the statutory appellate remedy under section 45-IA(7). It held that the learned Single Judge ought not to have recorded a finding on the applicability of particular clauses in a manner that foreclosed the appellant's contentions, especially when those questions could appropriately be examined by the Appellate Authority on the full record. The Bench declined to decide the factual and legal merits of the cancellation grounds and left those issues open for consideration in appeal.
Conclusion: The finding of the learned Single Judge was set aside and the appellant was permitted to pursue the statutory appeal, with all questions left open to be decided by the Appellate Authority in accordance with law.
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