IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Rajesh Sachdeva - Appellant
Versus
North Delhi Municipal Corporation - Respondent
W.P.(C) No. 3842 of 2021; C.M. Appls No. 11577 of 2021, 11578 of 2021
Decided On : 25-03-2021
Assessment Order - Property Tax - The court set aside the assessment order and consequential actions due to factual errors and lack of opportunity for the petitioner to be heard. The respondent was directed to provide a copy of the notice to the petitioner and grant an opportunity for a fresh assessment order.
Fact of the Case:
The petitioner sought quashing of the assessment order and consequential bill for a property. The petitioner claimed that no notice was received and there was a factual error in the order regarding the construction of a third floor.
Finding of the Court:
The court set aside the impugned order and directed the respondent to provide a copy of the notice to the petitioner and grant an opportunity for a fresh assessment order after a personal hearing.
Issues: Dispute over assessment order, alleged lack of notice, and factual error in the order.
Ratio Decidendi: The court emphasized the importance of providing an opportunity for the petitioner to be heard before passing an assessment order and highlighted the need for factual accuracy in such orders.
Final Decision: The petition was allowed, and the assessment order and consequential actions were set aside. The respondent was directed to provide a copy of the notice to the petitioner and grant an opportunity for a fresh assessment order.
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner seeks quashing of assessment order dated 19.2.2021 and the consequential bill raised thereafter with regard to property No.12, Kapil Vihar, Pitampura, Delhi-110034.
2. Learned counsel for the petitioner submits that the suo motu assessment under Section 123-D has been done after issuance of alleged notice dated 19.01.2021. He submits that no such notice was ever received.
3. Learned counsel further submits that that there is a factual error in the order inasmuch as the order records that there is a third floor constructed on the building whereas there is no third floor in the building.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
5. Learned counsel for the respondent submits that the assessment order has been passed as nobody appeared on behalf of the petitioner despite notice being sent to the petitioner. She under instructions from Mr. Sushil Kumar Tomar, Section Officer, Property Tax Department, Keshavpuram Zone submits that without prejudice, the respondent/Corporation is willing to give an opportunity of hearing to the petitioner and then pass a fresh assessment order.
6. In view of the above, the impugned order dated 19.02.2021 and all consequential actions thereafter are set aside.
7. Respondent/Corporation shall furnish a copy of notice dated 19.01.2021 to the petitioner within three working days. A copy, in addition, be sent to learned counsel for the petitioner. Petitioner shall thereafter file a response to the notice dated 19.01.2021 within two weeks from the date of supply of the copy of the notice.
8. Thereafter, respondent/Corporation shall pass a fresh speaking order after giving an opportunity of personal hearing to the petitioner.
9. The petition is allowed in the above terms.
10. Dasti under signature of the Court Master.
The principle of natural justice and the requirement for factual accuracy in assessment orders were central to the court's decision.
Property assessments must adhere to procedural requirements, ensuring notice and the right to a hearing before final orders are made.
Assessment orders cannot be issued without prior show cause notices to relevant parties, ensuring procedural fairness.
The court's decision was influenced by the interpretation of the petitioner's status as a tenant and the Corporation's right to issue a fresh show cause notice to the owner before passing a new asses....
Procedural fairness requires that a taxpayer is entitled to a personal hearing before tax assessment orders are finalized.
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.
The assessing authority must consider submitted objections before amending the assessment list, ensuring compliance with statutory obligations and providing fair opportunity for hearing.
A property tax assessment must be preceded by a specific and detailed show cause notice; otherwise, the assessment is invalid.
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.
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.