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T.N.REDDY (Propreitor)     29 April 2021

certain doubt- SCN & Appeals

Dear Sir,

If it is SCN from AO, then we have to rebutt to each and every issue that is raised in the SCN.

With the result, I got the order in my favour.

But, subsequently, the department is going for appeal wherein they made nearly 25 paras of grounds of appeal. Now do I have to make rebuttal /memorandum of cross objections/ comments to each and every para of those 25 grounds of appeal? kindly advise.


Learning

 7 Replies

Dr J C Vashista (Advocate)     30 April 2021

Why has the show cause notice been issued ?

Who is AO ?

How did you get order in your favour ?

No facts posted.

It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate)     30 April 2021

State the facts form which authority sent SCN  what  merits' you got order in favour? What is the reason they appeal the issues?

G.L.N. Prasad (Retired employee.)     30 April 2021

The appeal was preferred by the department, and unless the competent disciplinary authority calls for such comments from CS employee, no interference is required.  However, as per principles of natural justice employee can seek a personal hearing and present his written arguments basing on such appeal grounds and other relevant points through his Advocate/Union representative.

Dr J C Vashista (Advocate)     30 April 2021

You have stated that you have got favourable orders, it implies that the authority which has issued SCN is fully satisfied with reply to subject SCN, in this case, where is the question of filing of appeal after closure of the dispute?

Your statement vis-a-vis filing of appeal by department after passing favourable order is unbelievable and contradictory, be clear and specific.

T.N.REDDY (Propreitor)     30 April 2021

sir. based on principal commissioner review order

P. Venu (Advocate)     01 May 2021

Why don't you post the material facts in a language which others can understand?

T. Kalaiselvan, Advocate (Advocate)     05 May 2021

In the appeal preferred against the orders of the lower forum, you as a respondent have to refuse or deny each and every point or grounds of appeal that has been made by the appellant before the appellate tribunal.  

You can prepare your defence and can present it in the argument denying all the grounds especially that which are adverse to your case and the orders passed in your favor.

You can discuss with your advocate and proceed as suggested.


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