RAJIV SHAKDHER, GIRISH KATHPALIA
Pinki Tour And Travels Limited – Appellant
Versus
Income Tax Department – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 42392/2023
1. Allowed, subject to just exceptions.
W.P.(C) 10942/2023 and CM APPL. 42393/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
3. Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of the respondent/revenue, accepts notice.
4. Given the directions that we propose to pass, Mr Bhatia says that he does not wish to file a counter-affidavit in the matter, and he will argue the matter based on the record presently available with the court.
4.1. Therefore, with the consent of the learned counsels 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) 2018-19.
6. Via this writ petition, inter alia, the petitioner has raised a challenge to the assessment order dated 30.05.2023, passed by the respondent/revenue under Section 147 read with Section 144B of the Income Tax Act, 1961 [in short, "the Act"].
7. Counsel for the petitioner says that there has been a breach of principles of natural justice. For this purpose, our atten
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.
Violation of Standard Operating Procedure (SOP) and breach of natural justice warrant setting aside assessment order and notices, and necessitate a de novo exercise by the Assessing Officer.
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
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 ....
Violation of principles of natural justice and failure to adhere to the timeline given in the notice led to the setting aside of the impugned assessment orders.
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 ....
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 the importance of adhering to principles of natural justice and setting practical timeframes for compliance with assessment notices under the In....
Denial of a personal hearing in income assessment cases under Section 144B(6)(vii) violates natural justice, necessitating the assessment order's cancellation.
Disruption of audio during a video conference for personal hearing can lead to a violation of the principles of natural justice.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.