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    <title>2008 (10) TMI 667 - BOMBAY HIGH COURT</title>
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    <description>An adjudication order was held unsustainable where the record showed that the final hearing had not in fact concluded on the recorded date, and the department later sought further documents and fixed another hearing. On these facts, the assessee was denied a fair opportunity of hearing, amounting to breach of natural justice. The court also held that the existence of an alternative remedy did not bar writ relief because violation of natural justice is a recognised exception to the rule of exhaustion of remedies. The order was set aside and the matter was remitted to the adjudicating authority for fresh decision after due opportunity to the assessee.</description>
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    <pubDate>Wed, 08 Oct 2008 00:00:00 +0530</pubDate>
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      <title>2008 (10) TMI 667 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=184371</link>
      <description>An adjudication order was held unsustainable where the record showed that the final hearing had not in fact concluded on the recorded date, and the department later sought further documents and fixed another hearing. On these facts, the assessee was denied a fair opportunity of hearing, amounting to breach of natural justice. The court also held that the existence of an alternative remedy did not bar writ relief because violation of natural justice is a recognised exception to the rule of exhaustion of remedies. The order was set aside and the matter was remitted to the adjudicating authority for fresh decision after due opportunity to the assessee.</description>
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