2011 (7) TMI 1195

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....Bhansali, for the respondent. JUDGEMENT 1. The learned counsel for the petitioner submitted that the controversy in the present case is squarely covered by the recent decision of this Court in the case of CTO V/s M/s Jain Tubes - SBSTR No.291/2008 decided by the Jaipur Bench of this Court on 1.4.2011 in which this Court referring to the provisions of Section 78 (5) of the Act and Rule 55 and....

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....in which these appellate authorities passed their orders in favour of assessee (s). While these issues have been now decided by the Hon'ble Supreme Court in favour of Revenue, however, the fact remains that principles of natural justice are yet to be complied with and that is not excluded by the Apex Court in any of these judgments; and on the other hand, the Apex Court has left it open for th....

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....ner (Appeals) as well as Assessing Authority are set aside and the matter is restored back to the Assessing Authority for deciding the penalty proceedings de-novo. Since considerable time has already passed, therefore, it is expected that the Assessing Authority will pass such fresh orders after giving opportunity of hearing to the assessee (s) as aforesaid , within a period of six months from tod....