RAJIV SHAKDHER, TARA VITASTA GANJU
Mohit Agarwal – Appellant
Versus
Income Tax Officer – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM Appl.20745/2023
1. Allowed, subject to just exceptions.
W.P.(C) 5324/2023 & CM Nos.20744/2023[Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1 Mr Kunal Sharma, senior standing counsel who appears on behalf of the respondents/revenue, accepts notice.
3. In view of the directions that we propose to pass, Mr Sharma says that no counter-affidavit is required to be filed, and that he will argue the matter based on the record currently available with the court.
3.1 Therefore, with the consent of learned counsel for the parties, this writ petition is taken up for hearing and final disposal, at this stage itself.
4. The substantive prayer made in the writ petition reads as follows:
"a. Issue a writ of Certiorari or any other writ, order or direction setting aside the assessment order, notice of demand u/s 156 of the Act dated 21.03.2023 signed on 23.03.2023 passed in the case of the 21.03.2023(Annexure P-1) and penalty notices dated 21.03.2023 (Annexure P-2); and
b. Direct the Respondent to consider the reply dated 20.03.2023 (Annexure P-17) and grant personal he
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 ....
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 ....
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 requirement to adhere to principles of natural justice in assessment proceedings, and the consequences of a breach of such principles.
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....
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....
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
Breach of principles of natural justice and practical timeframe for gathering information for assessment orders.
The denial of personal hearing sought by the petitioner constituted a breach of principles of natural justice, leading to the setting aside of the order and notice.
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