Faceless ITAT – Whether Denial of Oral Hearing is in Violation of Principles of Natural Justice


Ashok-Saraf
By Dr. Ashok Saraf, Sr. Advocate, Guwahati

Executive Summary

Natural justice demands that the person who is directly affected by an administrative action should be given prior notice of what is proposed so as to enable him to make a representation on his behalf, to appear at a hearing or enquiry if it is to be held and to meet effectively the points raised. The requirement of audi alteram partem has two elements:

1. An opportunity to make a representation must be given.

2. Such an opportunity must be adequate

Natural justice demands that the person who is directly affected by an administrative action should be given prior notice of what is proposed so as to enable him to make a representation on his behalf, to appear at a hearing or enquiry if it is to be held and to meet effectively the points raised. The requirement of audi alteram partem has two elements:

1. An opportunity to make a representation must be given.

2. Such an opportunity must be adequate

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Posted on: February 20th, 2021


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