IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.978 OF 2008 INCOME TAX APPEAL NO.978 OF 2008 INCOME TAX APPEAL NO.978 OF 2008 Ketan C.Jhaveri HUF .. Appellant Vs. The Assessing Officer, Ward 21(1)(2) .. Respondent Mr.Suneet Moholkar u/by Gabriel Pillai & Co.for the Appellant. Mr.N.A.Kazi for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATE : 26th November, 2008 DATE : 26th November, 2008 DATE : 26th November, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. Perused the Tribunal’s order dated 10.1.2008. The learned Counsel for the Appellant has contended that the impugned order of the Tribunal was passed in the absence of the Appellant and no opportunity of fair hearing was given to the Appellant. Even Mr.Kazi, the learned Counsel for the Respondent is unable to dispute the aforesaid contention. In view of the aforesaid clear violations of principles of natural justice viz.not giving personal hearing to the Appellant, the order of the Tribunal is set aside on this limited ground and the matter is remanded back to the Tribunal to decide it afresh after giving an opportunity of personal hearing to the Appellant. Tribunal is directed to dispose of the same as expeditiously as possible. Appeal stands disposed of in the above terms. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)