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2021 (9) TMI 155 - PATNA HIGH COURTValidity of Ex-parte order passed u/s 74 - Violation of principles of natural justice - fair opportunity of hearing not provided - ex-parte order - HELD THAT:- This Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, it is opined that the order is bad in law. This is for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any sufficient reasons even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee. The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences. Order set aside - Matter remanded back - Petition disposed off.
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