RAJIV SHAKDHER, GIRISH KATHPALIA
Ssapp Overseas Pvt. Ltd. – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL.22112/2023
1. Allowed, subject to just exceptions.
W.P.(C) 5639/2023 & CM APPL. 22111/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr. Abhishek Maratha, senior standing counsel, accepts notice on behalf of the respondent/revenue.
3. In view of the directions that we propose to pass, Mr. Maratha says that counter-affidavit need not be filed in the matter. Therefore, with the consent of the counsels for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
4. The main grievance of the petitioner is that there has been a complete violation of principles of natural justice.
5. The record shows that the petitioner was issued notices of even date i.e., 09.03.2023, concerning Assessment Years (AYs) 2013-14 to 2019-20.
5.1. A perusal of the said notices would show that the petitioner had been granted time to file its return(s) within thirty (30) days from the date of the service of the notices.
6. In the interregnum, the Assessing Officer (AO) also served on the petitioner notices dated 20.03.2023, is
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 central legal point established in the judgment is the importance of adhering to principles of natural justice and setting practical timeframes for compliance with assessment notices under the In....
Failure to inform the petitioner about the decision on their request for accommodation constituted a breach of principles of natural justice, warranting the setting aside of the assessment order and ....
Violation of Standard Operating Procedure (SOP) and breach of natural justice warrant setting aside assessment order and notices, and necessitate a de novo exercise by the Assessing Officer.
Breach of principles of natural justice and practical timeframe for gathering information for assessment orders.
Failure to adhere to the directions in the Standard Operating Procedure (SOP) for Assessment Unit, which led to the quashing of the impugned notices and order.
The central legal point established in the judgment is the requirement to adhere to principles of natural justice in assessment proceedings, and the consequences of a breach of such principles.
Procedural fairness and consideration of petitioner's response in assessment proceedings under the Income Tax Act
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
The central legal point established in the judgment is the statutory right of the petitioner to a personal hearing under Section 144B(7)(vii) of the Income Tax Act, 1961, and the requirement for the ....
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