A.K. Kraipak v. Union of India

2 SCC 262Reported decision1969#4050 most cited

What is A.K. Kraipak v. Union of India authority for?

The rules of natural justice aim to secure justice by preventing miscarriage of justice and require a fair hearing before adverse decisions are made. These rules supplement, rather than supplant, existing law.

29

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2025.

Also referred to as

A.K. Kraipak v. Union of India · principles of natural justice · audi alteram partem · nemo judex in re sua · fair play in action · miscarriage of justice · duty to act fairly · assessment procedure violation

Issues it is cited on

Judgments citing A.K. Kraipak v. Union of India

DY.CIT CENT. CIR 5(3), MUMBAI vs. KALPATARU LTD, MUMBAI

In the result, both the appeals of the revenue are stand dismissed

ITA 1448/MUM/2022[2010-11]Status: DisposedITAT Mumbai20 Oct 2022AY 2010-11

Bench: Shri Kuldip Singh & Shri Amarjit Singhita Nos.1447 & 1448/Mum/2022 (A.Ys.2010-11 & 2011-12) The Dy. Commissioner Of Vs. Kalpataru Limited Income Tax, Central Mumbai - 400055 Circle-5(3) Room No. 1906, 19Th Floor, Air India Building, Nariman Point, Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaack2108K Appellant .. Respondent Appellant By : Vasanti Patel Respondent By : Tejinder Pal Singh Anand Date Of Hearing 03.10.2022 Date Of Pronouncement 20.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): Both The Appeals Filed By The Revenue Are Directed Against The Order Passed By The Ld. Cit(A)-53, Mumbai, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) R.W.S 147 Of The Act. Since Similar Facts & Identical Issue Are Involved, Therefore, For The Sake Of Convenience Both Appeals Are Adjudicated Together. We Shall Take Ita No. 1448/Mum/2022 As A Lead Case & Its Finding Will Be Applied As Mutatis Mutandis To Other Appeal. The Revenue Has Raised The Following Grounds Before Us:

For Appellant: Vasanti PatelFor Respondent: Tejinder Pal Singh Anand
Section 131Section 143(3)

…ustice, evolved under the common law, is to check arbitrary exercise of power by the State or its functionaries. Therefore, the principle implies a duty to act fairly i.e. fair play in action. As observed by this court in A.K.Kraipak vs. Union of India (1969) 2 SCC 262, the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. They do not supplant the law but supplement it. (Also see: ITO vs. Madnani Engineering Works Ltd (1979) 2 SCC 455. Recently, the Hon'ble Supreme Court in the…

DCIT CENTRAL CIRCLE 5(3) , MUMBAI vs. KALPATARU LTD, MUMBAI

In the result, both the appeals of the revenue are stand dismissed

ITA 1447/MUM/2022[2011-12]Status: DisposedITAT Mumbai20 Oct 2022AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhita Nos.1447 & 1448/Mum/2022 (A.Ys.2010-11 & 2011-12) The Dy. Commissioner Of Vs. Kalpataru Limited Income Tax, Central Mumbai - 400055 Circle-5(3) Room No. 1906, 19Th Floor, Air India Building, Nariman Point, Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaack2108K Appellant .. Respondent Appellant By : Vasanti Patel Respondent By : Tejinder Pal Singh Anand Date Of Hearing 03.10.2022 Date Of Pronouncement 20.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): Both The Appeals Filed By The Revenue Are Directed Against The Order Passed By The Ld. Cit(A)-53, Mumbai, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) R.W.S 147 Of The Act. Since Similar Facts & Identical Issue Are Involved, Therefore, For The Sake Of Convenience Both Appeals Are Adjudicated Together. We Shall Take Ita No. 1448/Mum/2022 As A Lead Case & Its Finding Will Be Applied As Mutatis Mutandis To Other Appeal. The Revenue Has Raised The Following Grounds Before Us:

For Appellant: Vasanti PatelFor Respondent: Tejinder Pal Singh Anand
Section 131Section 143(3)

…ustice, evolved under the common law, is to check arbitrary exercise of power by the State or its functionaries. Therefore, the principle implies a duty to act fairly i.e. fair play in action. As observed by this court in A.K.Kraipak vs. Union of India (1969) 2 SCC 262, the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. They do not supplant the law but supplement it. (Also see: ITO vs. Madnani Engineering Works Ltd (1979) 2 SCC 455. Recently, the Hon'ble Supreme Court in the…

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