SANJEEV SACHDEVA
Jolly Ice And Cold Storage – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner impugns suo motto assessment order dated 14.10.2021 whereby the annual rateable value of the property has been assessed and petitioner has been required to deposit/pay the enhanced property tax along with interest and penalty.
3. Learned senior counsel appearing for the petitioner submits that the alleged show cause notice dated 18.08.2021 was for a period, beyond the permissible period in terms of the law laid down by this Court.
4. He however, without prejudice submits that the show cause notice did not even mention the date of hearing as to when a representative of the petitioner was to appear and defend the proceedings. He further submits that the show cause notice also did not indicate as to what was the discrepancy in the property tax returns which were earlier filed. He submits that up to date property tax returns have been filed and tax accordingly paid.
5. Issue notice. Notice is accepted by learned counsel appearing for the respondent. Learned counsel appearing for the respondent under instructions submits that in view of the various discrepancies pointed out the department has
Proper opportunity of hearing and clear show cause notice are essential before passing an assessment order.
Procedural fairness requires clear communication of discrepancies and an opportunity for defense in tax assessment processes.
A property tax assessment must be preceded by a specific and detailed show cause notice; otherwise, the assessment is invalid.
Importance of granting a hearing to the petitioner prior to passing an assessment order.
Procedural fairness requires that a taxpayer is entitled to a personal hearing before tax assessment orders are finalized.
The principle of natural justice and the requirement for factual accuracy in assessment orders were central to the court's decision.
Procedural fairness mandates that parties be given adequate notice and opportunity to respond before adverse administrative decisions are made.
Quash of Assessment – Demand notice - Order records to the contrary that no response has been received from the recorded owner with regard to the said notice.
Taxation - Assessment - Impugned order is not sustainable as same has been passed contrary to sub-section (2) of Section 72.
Violation of principles of natural justice due to reliance on evidence created after the petitioner's reply constitutes a procedural irregularity.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.