MANMOHAN, NAVIN CHAWLA
Renew Wind Energy (shivpur) Private Limited – Appellant
Versus
National Faceless Assessment Centre Delhi – Respondent
JUDGMENT
Manmohan, J. - Today Mr.Ruchir Bhatia, learned counsel for the Revenue, once again requests for an opportunity to file a counter affidavit. On the last date of hearing i.e., 28th September, 2021, Mr.Ruchir Bhatia, learned counsel for the Revenue, had accepted notice on behalf of the respondent and had been directed to file a counter affidavit within a period of four weeks. However, no counter affidavit has been filed till date.
2. Learned senior counsel for the petitioner states that the petitioner is only praying for a remand.
3. Keeping in view the aforesaid limited prayer, further time to file a counter affidavit is declined and the matter is taken up for hearing.
2. It is pertinent to mention that present writ petition has been filed challenging the impugned draft assessment order dated 02nd September, 2021 passed by the respondent under Section 143(3) read with Section 144B and Section 144C(1) of the Income Tax Act, 1961, for the assessment year 2018-19.
3. Learned counsel for the petitioner states that the respondent issued notice on Friday, 27th August 2021 at 8:20 pm, requiring the petitioner to file information as per the attached annexure, within two days of receipt
Violation of principles of natural justice in the issuance of draft assessment orders under the Income Tax Act, 1961.
Procedural fairness in administrative actions requires sufficient notice and time for response; violations can invalidate assessments under tax law.
Violation of principles of natural justice and failure to adhere to the timeline given in the notice led to the setting aside of the impugned assessment orders.
The court emphasized the importance of considering the petitioner's reply and according a personal hearing before passing an assessment order under the Income Tax Act, 1961.
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.
Breach of principles of natural justice leading to the quashing of assessment order, notice of demand, and penalty notice.
Insufficient time provided to respond to a complex show cause notice violates principles of natural justice, warranting the reassessment of the proceedings.
Natural justice mandates that parties be given adequate time to respond to show cause notices, especially when new demands are presented.
Violation of the right to fair hearing can vitiate orders and necessitate their setting aside and remand for fresh orders with a fair opportunity for the affected party to be heard.
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....
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