RAJIV SHAKDHER, GIRISH KATHPALIA
Shashi Bala Sharma – Appellant
Versus
Income Tax Officer Ward 59(8), Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Girish Kathpalia, J.: (Oral)
W.P.(C) 5136/2023 & CM No.20063/2023 [Application filed on behalf of the petitioner seeking interim relief].
1. By way of this writ petition brought under Articles 226/227 of the Constitution of India, the writ petitioner has assailed order under Section 147 read with Section 144B of the Income Tax Act for the Assessment Year 2018-19, coupled with the demand notice under Section 156 of the Act, both dated 15.03.2023. On service of notice, the respondent revenue entered appearance through counsel, who took time to file a counter-affidavit. Vide order dated 24.04.2023, interim protection was granted, thereby directing the respondent revenue not to take precipitate steps till further directions.
2. However, subsequently, the respondent revenue opted not to resist the petition. Learned counsel for respondent, in all fairness, conceded to the lacunae that had crept in the process culminating into the impugned assessment order and demand notice.
3. Briefly stated, the circumstances relevant for the present purposes are as follows.
3.1. By way of order dated 21.03.2022 under Section 148A(d) of the In
The importance of granting a fair opportunity to be heard and considering relevant judicial precedents in assessment proceedings.
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.
Failure to grant a personal hearing by the Assessing Officer violates principles of natural justice, necessitating the annulment of the assessment order.
The use of expression “may” in Section 144B(7)(viii) is not decisive. Where discretion is conferred upon a quasi judicial authority, whose decision has civil consequences, word “may” which denotes di....
A personal hearing is essential in tax assessment procedures to ensure administrative fairness; failure to provide one invalidates the assessment orders.
The court upheld the necessity of granting a personal hearing under Section 144B(7) of the Income Tax Act, emphasizing that natural justice principles must be respected in assessment processes.
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
The main legal point established in the judgment is that the principles of natural justice, including the right to a personal hearing, must be adhered to in the assessment proceedings under the Incom....
The court emphasized the obligation of the revenue to consider the request for a personal hearing and to frame standards, procedures, and processes for approving such requests under Section 144B(7) o....
The failure to grant a personal hearing during assessments constitutes a violation of natural justice, mandating the setting aside of the impugned orders.
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