TMI Blog1994 (8) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of Companies Act as a private limited company. As a result of the turnover exceeding one crore rupees, the company acquired status of public limited company w.e.f. 9th June, 1975 (Ann.A). The company is engaged in the business of automobiles. The accounting year ends on 30th June. In or about February or March, 1975, the petitioner purchased two barges and opened a new branch of business s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f tax. This certificate was issued by respondent No. 2, the ITO. However, after about three years from the date of this certificate, respondent No. 1, IAC (Asst.) cancelled the certificate by order dt. 28th Dec., 1983 (Ann.E) without giving any opportunity of hearing to the petitioner. This order vitally affected the rights and interests of the petitioner. Aggrieved by this order (Ann.E) the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents, it is not contended that cancellation was made after giving any show-cause notice and hearing the petitioner. The order is, therefore, in violation of principles of natural justice. 7. In State of Punjab vs. K.R. Erry Anr. AIR 1973 SC 834 it is held as under : With the proliferation of administrative decisions in the welfare state it is now further recognized by Courts b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent No. 1 shall, after hearing the petitioner, pass a reasoned order. 9. In case respondent No. 1 concluded against the petitioner and passed an adverse order, the petitioner shall have freedom to impugne the same before an appropriate authority in conformity with law. Points agitated in this petition shall thus be treated open and litigable. 10. This petition thus stands allowed in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X
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