Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
ITAT Restores Assessee’s Case for Fresh Consideration: Rules Ex-parte Dismissal by NFAC Violated Principles of Natural Justice
The Income Tax Appellate Tribunal (ITAT) restored a taxpayer's case for fresh consideration, ruling that an ex-parte dismissal by the National Faceless Appeal Centre (NFAC) violated the principles of natural justice. The NFAC had dismissed the appeal without hearing the assessee, likely due to a failure to respond to notices. However, the ITAT emphasized that a decision on the merits of a case is preferable to a dismissal on procedural grounds. The tribunal held that the assessee must be given a fair and reasonable opportunity to present their case. By setting aside the NFAC's order and remanding the case back for a new hearing, the ITAT has reinforced the fundamental legal principle of 'Audi Alteram Partem' (hear the other side). This ruling protects taxpayers from summary dismissals and ensures that their appeals are decided based on the substantive arguments and evidence, rather than procedural defaults alone.