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Tuesday, August 4, 2015

High Court Raps ITAT For Arbitrariness And Failure To Discharge Basic Judicial Functions


 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.


Hinduja Global Solutions Ltd vs. UOI (Bombay High Court)

Action of the ITAT in disregarding its own order without reason and remanding matter to AO for fresh consideration is "arbitrary" and "failure to perform basic judicial function" and a "lapse" which should not occur again.

The Tribunal should not completely disregard its earlier order without some reason. This is the minimum expected of any quasi judicial / judicial authority. If the Tribunal has failed to perform it's basic judicial functions in such arbitrary manner, the approach of the Tribunal must be corrected, so as to ensure that such lapses do not occur again


Regards,

 

Editor,

 

itatonline.org

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