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RAJIV SHAKDHER, GIRISH KATHPALIA
Timex Group Usa Inc – Appellant
Versus
Deputy Commissioner of Income Tax, International Taxation Circle 3(1)(1), New Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral):
1. Issue notice.
1.1. Mr Aseem Chawla, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.
2. Given the directions that we propose to issue, Mr Chawla 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.
2.1. Therefore, with the consent of learned counsels for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
3. This writ petition concerns Assessment Year (AY) 2019-20.
4. Via this writ petition, the petitioner seeks to assail the following orders and notices:
(i) Notice dated 31.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"].
(ii) Order dated 01.05.2023 passed under Section 148A(d) of the Act.
(iii) Consequential notice dated 01.05.2023 issued under Section 148 of the Ac.
(iv) Quash proceedings initiated pursuant to the notice dated 01.05.2023 issued under Section 148 of the Act.
5. The principal allegation against the petitioner is that it has received foreign remittances amounting to Rs.9,12,50,136/- from an Indian company going by the name Tim
The principle of natural justice and fair opportunity in assessment proceedings under the Income Tax Act.
The court highlighted the significance of considering the taxpayer's submissions and providing a fair opportunity for a personal hearing in the assessment process under the Income Tax Act.
Compliance with procedural requirements and the right to a fair hearing are essential in proceedings under the Income Tax Act, 1961.
Reassessment notice u/s 148A(b) served only on e-filing portal without email is invalid under section 282(1) r.w.s. rule 127, violating natural justice; proceedings quashed with remand for fresh hear....
The central legal point established in the judgment is the importance of correct assessment by the Assessing Officer and the disclosure of transactions in the Return of Income (ROI) for the assessmen....
A personal hearing is essential in tax assessment procedures to ensure administrative fairness; failure to provide one invalidates the assessment orders.
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 court emphasized the importance of considering the petitioner's reply and according a personal hearing before passing an assessment order under the Income Tax Act, 1961.
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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