NORKA ROOTS vs. THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS)
What did the High Court hold?
The High Court held that the order passed by the 3rd respondent (Ext.P11) cannot be legally sustained. The Court found that the order was vitiated by a non-compliance with the rules of natural justice, as the petitioner was not heard before its pronouncement. Consequently, the High Court quashed Ext.P11 and directed the 3rd respondent to pass fresh orders after hearing the petitioner. The petitioner was directed to appear before the 3rd respondent on November 30, 2020, either physically or through video conferencing. The 3rd respondent was instructed to pass fresh orders within one month thereafter. The ratio decidendi is that any order passed without affording a hearing to the affected party violates the principles of natural justice and is therefore liable to be set aside.
What were the facts?
The petitioner, NORKA ROOTS, formerly known as ROOTS-NRK DEVELOPMENT INITIATIVE, filed a writ petition before the High Court of Kerala. The petitioner was aggrieved by Ext.P11, a common order passed by the 3rd respondent, the Commissioner of Income Tax (Exemptions), in revision applications preferred under Section 264 of the Income Tax Act. The primary challenge to Ext.P11 was that the petitioner was not afforded a hearing by the 3rd respondent before the order was passed. The High Court heard arguments from both the petitioner and the respondents.
What were the issues?
1. Whether the order passed by the 3rd respondent (Commissioner of Income Tax (Exemptions)) is legally sustainable when the petitioner was not heard before its pronouncement, thereby violating principles of natural justice, in relation to revision applications filed under Section 264 of the Income Tax Act? Assessee's Contention: The petitioner argued that the order (Ext.P11) passed by the 3rd respondent is vitiated by a non-compliance with the rules of natural justice because the petitioner was not heard before the order was passed. Revenue's Contention: The judgment records that the learned Standing Counsel appearing for the respondents was heard, but does not specify the revenue's contentions regarding the alleged violation of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P11 common order of the 3rd respondent in revision applications that were preferred by the petitioner under Section 264 of the Income Tax Act. In the writ petition, the main challenge against Ext.P11 order is that before passing the said order, the petitioner was not heard by the 3rd respondent.
I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and finding that the 3rd respondent while passing Ext.P11 order did not hear the petitioner, I am of the view that Ext.P11 order cannot be legally sustained in as much as it is vitiated by a non- compliance with the rules of natural justice. Accordingly, I quash Ext.P11 order and direct the 3rd respondent to pass fresh orders in the matter, after hearing the petitioner. To enable the 3rd respondent to do so, I direct the petitioner to appear before the 3rd respondent at 11:00 AM on 30.11.2020 either through physical appearance or through video conferencing, as the case maybe. The 3rd respondent shall pass fresh orders as directed within a month thereafter. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. A.K.JAYASANKARAN NAMBIAR
JUDGE SJ
WP(C).No.23251 OF 2020(F) 3
Appendix — schedule of exhibits
More judgments on Section 264
- Murugaiah Althuri, Chittoor vs Income Tax Officer, Ward-1, ChittoorITA 2100/HYD/2026[2016-17]Status: Disposed16 Oct 2026AY 2016-17
- Babu Gundlapalle, Chittoor vs Income Tax Officer, Ward-1, ChittoorITA 2093/HYD/2026[2016-17]Status: Disposed16 Oct 2026AY 2016-17
- Thasil Babu, Bengaluru vs Deputy Commissioner of Income Tax, Central…ITA 787/BANG/2025[2019-20]Status: Disposed24 Sept 2026AY 2019-20
- Thasil Babu, Bengaluru vs Deputy Commissioner of Income Tax, Central…ITA 786/BANG/2025[2019-20]Status: Disposed24 Sept 2026AY 2019-20
- Thasil Babu, Bengaluru vs Deputy Commissioner of Income Tax Office…ITA 785/BANG/2025[2018-19]Status: Disposed24 Sept 2026AY 2018-19
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