C. PRAVEEN KUMAR, A. V. RAVINDRA BABU
Srinivas Meesala – Appellant
Versus
Additional /Joint I Deputy / Assistant Commissioner of Income Tax / Income-Tax Officer, National Faceless Assessment Centre, Government of India Ministry of Finance, Income Tax Department – Respondent
ORDER :
C. Praveen Kumar, J.
Heard Sri S. Dwarakanath, learned Senior Counsel, appearing on behalf of the petitioner, and Smt. M. Kiranmayee, learned Standing Counsel for Income Tax, appearing for the respondents, and with their consent the Writ Petition is disposed of at the admission stage.
2. Assailing the assessment order, dated 30.03.2022, made for the assessment year 2016-17, passed under Section 147 R/w. Sections 144 and 144-B of the Income Tax Act, 1961 (for short, ‘the Income Tax Act’) by the 1st respondent, the present Writ Petition is filed raising various grounds, more particularly that the order impugned came to be passed in violation of the principles of natural justice.
3. The facts in issue are as under:
The petitioner herein was involved in the Film Distribution business in the name of Sree Durga Theja Aswini Films in West Godavari District since 2014. The major components of his business relates to sales/receipts generated from the theatre collection and the sale of movie tickets. The petitioner also claims to have acted as Manager of his friend by name A. Mahalakshmi Rao, who was running a Bar and Restaurant. It is said that as he is not familiar with the Income Tax,
The statutory remedy of filing an Appeal under Section 246-A of the Income Tax Act to the National Faceless Appellate Authority should be availed by the petitioner.
Assessment - Ground of violation of principle of natural justice-not giving adequate and effective opportunity of hearing not made out - series of adjournments were granted on the prayer of the petit....
The court established that adherence to principles of natural justice is essential in tax assessments, particularly the right to a personal hearing.
A breach of natural justice occurs when an assessment order is finalized before the noticee's response deadline, invalidating the order.
Violation of the principle of natural justice in the assessment process warrants setting aside the assessment order and remanding the matter for a decision in accordance with law.
The assessment order was invalid due to non-compliance with procedural requirements under Section 144B of the Income Tax Act, breaching principles of natural justice.
The assessment order was quashed due to violations of natural justice and failure to follow mandatory procedures under Section 144B of the Income Tax Act.
The impugned assessment order, passed without allowing the petitioner to respond within the given time frame and in light of technical glitches preventing the petitioner from filing objections, was n....
Assessment orders violated principles of natural justice due to lack of opportunity for the petitioner to be heard, warranting remand for fresh consideration.
Assessments without proper prior notice and opportunity to be heard violate natural justice principles as mandated under Section 144B of the Income Tax Act.
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