RAJIV SHAKDHER, GIRISH KATHPALIA
Dlf Commercial Projects Corporation – Appellant
Versus
National Faceleass Assessment Centre Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.30840/2023
1. Allowed, subject to just exceptions.
W.P.(C) 8011/2023 & CM No.30839/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Sanjay Kumar, learned standing counsel, accepts notice on behalf of the respondents/revenue.
3. Given the directions that we propose to pass, Mr Kumar says that he does not wish to file a counter-affidavit and he will argue the matter based on the record presently available with the court. Therefore, with the consent of learned counsels for the parties, the matter is taken up for hearing and final disposal at this stage itself.
4. This writ petition is directed against the assessment order dated 23.05.2023 passed by the respondent/revenue under Section 147 read with Section 144B of the Income Tax Act, 1961 [in short, "Act"]. In addition thereto, challenge is laid to a demand notice of even date, i.e., 23.05.2023 issued under Section 156 of the Act.
4.1. Besides this, challenge is also laid to the penalty notices issued under Section 271A(1)(c) of the Act.
5. To be noted, the aforementioned impugned assessment
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
Grant of personal hearing is a mandatory requirement under Section 144B(6)(vii) of the Income Tax Act, and failure to provide such a hearing can result in the setting aside of the assessment order.
Denial of a personal hearing in income assessment cases under Section 144B(6)(vii) violates natural justice, necessitating the assessment order's cancellation.
Procedural fairness and consideration of petitioner's response in assessment proceedings under the Income Tax Act
The court has the authority to set aside penalty orders and demand notices that emanate from assessment orders previously set aside, and can direct the Assessing Officer to frame a fresh assessment o....
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 ....
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.
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 ....
Compliance with natural justice principles under Section 144B is mandatory, necessitating personal hearing opportunities when variances in assessment orders are proposed.
Failure to grant a personal hearing by the Assessing Officer violates principles of natural justice, necessitating the annulment of the assessment order.
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