RAJIV SHAKDHER, GIRISH KATHPALIA
Sanjeev Sikka – Appellant
Versus
National Faceless Assessment Centre, Delhi – Respondent
JUDGMENT
Girish Kathpalia, J. (Oral)
W.P.(C) 7394/2023 & CM APPL. 28766/2023 (Stay)
1. Heard. Notice. Shri Ruchir Bhatia, learned senior standing counsel accepts notice on behalf of respondents/revenue and submits that in view of order that we intend to pass, there is no need to file counter-affidavit. With consent of counsel for both sides, the matter is taken up for final hearing and disposal at this stage itself.
2. The petitioner, invoking Article 226 of the Constitution of India has assailed order dated 17.05.2023 passed under Section 147 [read with 144B] of the Income Tax Act, 1961, notice dated 25.07.2022 issued under Section 148 of the Act and order dated 25.07.2022 passed under Section 148A(d) of the Act, all pertaining to the Assessment Year 2014-15. The petitioner has laid challenge to the above mentioned impugned notice and orders on several grounds, out of which only one ground is taken up, as the same is the most crucial one, based on which the present writ petition can be disposed of.
3. It is contended on behalf of petitioner that since the impugned order was passed in gross violation of principles of natural justice, the impugned notice and orders are not sustaina
Violation of the right to fair hearing can vitiate orders and necessitate their setting aside and remand for fresh orders with a fair opportunity for the affected party to be heard.
The central legal point established in the judgment is the requirement to adhere to principles of natural justice, including providing a hearing to the petitioner before passing orders under the Inco....
Procedural fairness and rules of natural justice are essential in administrative proceedings, and failure to adhere to these principles may result in the setting aside of orders and the direction for....
The failure to provide a personal hearing constitutes a breach of natural justice, necessitating the quashing of the assessment order.
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 central legal point established in the judgment is that the failure to consider the petitioner's reply in the assessment proceedings amounted to a breach of principles of natural justice, leading....
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.
The main legal point established is that the delay in issuance of a notice beyond the limitation period and the inchoate nature of a digitally signed notice can lead to the quashing of the notice and....
Breach of natural justice warrants setting aside impugned orders and necessitates following due process in recommencing the proceeding.
The court established that adherence to principles of natural justice is essential in tax assessments, particularly the right to a personal hearing.
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