SANJEEV SACHDEVA
Amit Nagpal – Appellant
Versus
BSES Yamuna Power Limited – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner impugns assessment order dated 24.11.2021 and the consequential bill dated 24.11.2021.
2. Learned counsel for the petitioner submits that no show cause notice was given to the petitioner and the advisory notice itself was bereft of any reasoning or material.
3. He submits that advisory notice was given on 13.09.2021 requiring the petitioner to respond by 17.09.2021. He submits that the impugned order dated 24.11.2021 relies on a lab report dated 01.10.2021 which came into existence after the reply was filed and in view of the above there is a clear violation of the principles of natural justice.
4. Issue notice. Notice is accepted by learned counsel for the respondent.
5. Learned counsel for the respondent without prejudice submits that as a technical plea is being raised by the petitioner, respondents are willing to issue a fresh show cause notice and provide to the petitioner, the entire material that is sought to be relied on and thereafter pass a fresh speaking order after giving an opportunity of personal hearing.
6. In view of the above, the impugned assessment order dated 24.11.2021 and the impugned bill also dated 24.11.2021 are set asid
Violation of principles of natural justice due to reliance on evidence created after the petitioner's reply constitutes a procedural irregularity.
The court reinforced that the principles of natural justice require that parties be given notice and opportunity to respond before adverse decisions are made.
Procedural fairness mandates that parties be given adequate notice and opportunity to respond before adverse administrative decisions are made.
Breach of principles of natural justice leading to the quashing of assessment order, notice of demand, and penalty notice.
A breach of principles of natural justice warrants setting aside an assessment order and notices, allowing for a de novo exercise by the Assessing Officer.
Premature issuance of an assessment order before the response period violates natural justice, leading to the quashing of the order and remand for proper adjudication.
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....
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 court established that adherence to procedural fairness, specifically adequate response time to Show Cause Notices, is essential in tax assessment proceedings.
Proper opportunity of hearing and clear show cause notice are essential before passing an assessment order.
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