RAJIV SHAKDHER, GIRISH KATHPALIA
Sheevam Transolutions Pvt. Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax Circle 22(2) Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM No. 23514/2023
1. Allowed, subject to just exceptions.
W.P.(C) 5998/2023 & CM APPL. 23513/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Ruchir Bhatia, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.
3. In view of the directions that we propose to pass, Mr Bhatia says, that he does not wish to file a counter-affidavit in the matter, and that he will advance arguments, based on the record presently available with the Court.
4. Therefore, with the consent of the learned counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself.
5. This writ petition concerns Assessment Year (AY) 2019-20.
6. The principal allegation against the petitioner is, that it has availed bogus loan from an entity going by the name LTE Info Technologies Private Limited [in short, "LTE"].
7. It is alleged by the respondents/revenue, that the petitioner has ostensibly taken bogus loan amounting to Rs.1,28,00,000/-.
8. This allegation is embedded in the notice dated 27.02.2023, issued to the petitioner under Section 148A(b) of the In
The principle of natural justice requires that a party should be given an opportunity for a personal hearing before a decision is made against them.
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 central legal point established in the judgment is that the AO must have underlying material available to form a reasonable belief that income chargeable to tax has escaped assessment, and must f....
A personal hearing is essential in tax assessment procedures to ensure administrative fairness; failure to provide one invalidates the assessment orders.
Failure to grant a personal hearing in tax assessments, as required under Section 144B of the Income Tax Act, renders such assessments non-est in law.
Failure to grant a personal hearing by the Assessing Officer violates principles of natural justice, necessitating the annulment of the assessment order.
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
Point of Law : In a case where a variation is proposed in draft assessment order or final draft assessment order or revised draft assessment order, and an opportunity is provided to assessee by servi....
Compliance with natural justice principles under Section 144B is mandatory, necessitating personal hearing opportunities when variances in assessment orders are proposed.
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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