MANMOHAN, DINESH KUMAR SHARMA
Nidhi Agrawal – Appellant
Versus
Income Tax Officer, Ward 69(1) Delhi – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the reassessment notice dated 31st March, 2021 issued under Section 148 of the Income Tax act, 1961 ['the act'] for the assessment year 2016-17 as well as the assessment order dated 31st March, 2022.
2. Learned counsel for the petitioner states that even though the impugned notice was dated 31st March, 2021 and was issued vide email on 31st March, 2021 at 11:36 PM, yet it will be considered to have been issued/served to the petitioner on 01st april, 2021 and would thus be covered by the decision of this court in Mon Mohan Kohli vs. assistant Commissioner of Income Tax & anr., W.P.(C) No.6176/2021.
3. He further states that the notice dated 28th November, 2021 issued under section 143(2) read with Section 147 of the act, by which the respondents sought clarifications on issues mentioned in the annexure thereto was accompanied by a blank annexure making it impossible for the petitioner to respond to the same.
4. Learned counsel for the petitioner also states that the detailed objections raised by the petitioner vide reply dated 14th March, 2022 were not considered by the respondents while passing the impugned ass
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 ruled that an assessment order issued without observing due process and the principles of natural justice is invalid, necessitating a fresh assessment.
Insufficient time provided to respond to a complex show cause notice violates principles of natural justice, warranting the reassessment of the proceedings.
Mandatory issuance of a show cause notice and draft assessment order under Section 144B of the Income Tax Act is critical; failure to comply voids the assessment.
Natural justice mandates that parties be given adequate time to respond to show cause notices, especially when new demands are presented.
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....
The central legal point established in the judgment is the mandatory requirement of issuing a prior Show Cause Notice and draft assessment order before passing the final assessment order under the Fa....
Procedural due process in tax assessments requires adherence to statutory mandates, including the issuance of show cause notices, failure of which invalidates the assessment order.
Violation of principles of natural justice due to failure to provide a reasonable opportunity to file a reply to the Show Cause Notice and draft assessment order.
Non-issuance of mandatory Show Cause Notice in faceless assessments violates principles of natural justice, rendering such assessment orders invalid under the Income Tax Act.
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