1994 (8) TMI 306

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.... 1. The petitioner was the company incorporated and registered under the provisions of Companies Act as a private limited company. As a result of the turnover exceeding one crore rupees, the company acquired status of public limited company w.e.f. 9th June, 1975 (Ann.A). The company is engaged in the business of automobiles. The accounting year ends on 30th June. In or about February or March, ....

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....ner issued dividend warrants to the shareholders without making any deduction of tax. This certificate was issued by respondent No. 2, the ITO. However, after about three years from the date of this certificate, respondent No. 1, IAC (Asst.) cancelled the certificate by order dt. 28th Dec., 1983 (Ann.E) without giving any opportunity of hearing to the petitioner. This order vitally affected the ri....

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....etition. 5. I have heard learned counsel for the petitioner. 6. In the return submitted by the respondents, it is not contended that cancellation was made after giving any show-cause notice and hearing the petitioner. The order is, therefore, in violation of principles of natural justice. 7. In State of Punjab vs. K.R. Erry & Anr. AIR 1973 SC 834 it is held as under : "With the p....