RAJIV SHAKDHER, TARA VITASTA GANJU
Rag Trade India Pvt. Ltd. – Appellant
Versus
National Faceless Assessment Centre, Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 20087/2023
1. Allowed, subject to just exceptions.
W.P.(C) 5141/2023
2. Issue notice.
2.1. Mr Shivansh B Pandya, learned counsel, accepts notice on behalf of the respondents/revenue.
3. In view of the directions that we propose to pass, Mr Pandya says that he does not wish to file a counter-affidavit and that he will argue based on the record, presently available with the Court. 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. This writ petition concerns Assessment Year (AY) 2018-19.
5. The petitioner seeks to challenge the assessment order dated 28.03.2023 and the consequent notice of demand of even date i.e., 28.03.2023.
5.1. Besides this, challenge is also laid to the penalty notice bearing the same date i.e., 28.03.2023.
6. Counsel for the petitioner says that, apart from anything else, the impugned assessment order and the notices referred to hereinabove, are flawed, in law, on account of the fact that there has been a breach of principles of natural justice.
6.1. In this behalf, our
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.
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 ....
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
Failure to consider a request for accommodation on medical grounds by the Assessing Officer amounted to a breach of principles of natural justice, leading to the setting aside of the impugned assessm....
A breach of natural justice occurs when an assessment order is finalized before the noticee's response deadline, invalidating the order.
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 ....
Breach of principles of natural justice leading to the quashing of assessment order, notice of demand, and penalty notice.
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....
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.
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.
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