2021 (9) TMI 309

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....ai "C" Bench, in W.T.A.No.41/Mds/2010, for the Assessment Year 1998-99. 2.The assessee has raised the following substantial questions of law in this appeal : "1.Whether the Appellate Tribunal is correct in law in accepting the appeal of the Department/respondent relating to the Assessment Year 1998-99 exparte without granting reasonable opportunity of hearing while grossly violating the principles of natural justice? 2.Whether the Appellate Tribunal is correct in law in rejecting the plea for exclusion of the value of the factory land and buildings within the scope of the exception carved out in the definition of net wealth in Section 2(ea) of the Act read with the charging provisions of the Act by overlooking the purpo....

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.... said date of hearing before the Tax Bench. Therefore, it was submitted that the inability of the Chartered Accountant and the counsel to file a letter of adjournment should not have resulted in passing an ex parte order, inasmuch as the assessee should not suffer for the default of the Chartered Accountant and the counsel who moved the petition on their behalf, stating personal reasons/professional preoccupation. Therefore, the assessee pleaded that their case should be considered as reasonable and sufficient for non appearance within the scope of Rule 25 of the Appellate Tribunal Rules, 1963. It is pointed out that the proviso to the said Rule gives scope for the recall of the ex parte order and in fact, the said proviso uses the term "sh....

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....ppeals)-V, Chennai ("CWT(A)" for brevity), dated 26.08.2010, which was impugned before the Tribunal at the instance of the Revenue, has not elaborately gone into the facts, nor has the Assessing Officer done so while passing the Assessment Order dated 30.09.2005. Therefore, the duty cast upon the Tribunal became more onerous and it has done in-depth study of the nature of transactions done by the assessee. However, if the assessee had an opportunity to place their submissions before the Tribunal, the order would have been more elaborate and a speaking order and it would satisfy the principles of natural justice and the principle of audi alteram partem. In our considered view, this opportunity could have been granted to the assessee when the....