TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Judicial Relief: Writ Petition Succeeds as Cancellation Orders Lack Reasoning, Remanded for Fair Hearing</h1> <h3>M/s Pushpa Enterprises Versus State of Up And 2 Others</h3> M/s Pushpa Enterprises Versus State of Up And 2 Others - TMI Issues:Challenge to order of cancellation of registration and rejection of appeal without assigning reasons.Analysis:The petitioner filed a petition seeking to quash the order of cancellation of registration and the subsequent rejection of the appeal without reasons. The petitioner claimed ignorance of the cancellation and argued that the Proper Officer proceeded ex-parte without providing grounds for cancellation or details of dues. The rejection of the appeal was based on it being filed beyond the limitation period. The Standing Counsel defended the impugned orders, stating that reasons for rejection are available on the official website.The Court noted that the appeal was rejected without assigning any reasons, which is a crucial aspect of natural justice. Citing legal precedents, the Court emphasized the importance of providing reasons in administrative and judicial orders to ensure objectivity and transparency. The absence of reasons in the impugned orders rendered them unsustainable in law.As per the established legal principles and considering the lack of reasons in the impugned orders, the Court held that the orders cannot be upheld. Consequently, the writ petition was allowed, and the matter was remanded to the appellate authority for a fresh consideration. The appellate authority was directed to pass a reasoned order within three months after affording the petitioner a fair hearing.In conclusion, the Court set aside the impugned orders due to the absence of reasons and ordered a fresh adjudication by the appellate authority, emphasizing the importance of providing reasoned decisions in administrative and judicial proceedings to uphold principles of natural justice.
TaxTMI 
TaxTMI 
