DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Deepak Garg – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. court acknowledges the facts of the case. (Para 1 , 2) |
| 2. assessment order entails natural justice considerations. (Para 3) |
| 3. writ petition disposed of. (Para 4) |
JUDGMENT
Rajiv Shakdher, J. (Oral)
[Court hearing convened via video-conferencing on account of COVID-19]
1. Mr. Shlok Chandra, who appears for respondent no.2/revenue, which is the contesting respondent, says that he does not wish to file a counter-affidavit and will argue in the matter on the basis of the record, presently available with the court.
2. Thus, with the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal.
2.1. On the previous date, i.e., 10.05.2021, we had sketched out the broad contours of the case. For the sake of convenience, the relevant part is extracted hereinafter: -
"1. Counsel for the petitioner, Mr. Gautam Jain, submits that the impugned assessment order dated 27.04.2021, concerning assessment year (`AY') 2018-2019, deserves to be set aside as there has been a breach of principles of natural justice.
1.1 In this behalf, Mr. Jain has drawn our attention to the following dates and events:
1.2 According to Mr. Jain, the show cause noti
The failure to consider a request for adjournment during COVID-19 lockdown breached principles of natural justice, necessitating the setting aside of the assessment order.
The court found a breach of natural justice due to the respondent's failure to consider the petitioner's request for adjournment, resulting in the setting aside of the assessment order.
The assessing officer must consider any requests for accommodation before issuing assessment orders, ensuring procedural fairness in tax assessments.
Point of Law – Assessment order – Request for accommodation - once a request for accommodation was made, it was incumbent upon the assessing officer to deal with the same, and thereafter, take next s....
Breach of natural justice occurs when a party is not given adequate opportunity to respond to allegations; procedural fairness must be upheld in tax assessments.
Violation of principles of natural justice overrides the availability of an appellate remedy.
A breach of natural justice occurs when an assessment order is finalized before the noticee's response deadline, invalidating the order.
Violation of natural justice in administrative proceedings necessitates judicial intervention, and the availability of appeals does not negate this requirement.
The assessment order was set aside due to a breach of natural justice, emphasizing the need for a fair hearing and consideration of all relevant submissions.
The assessment order was set aside due to breach of natural justice, specifically failure to consider the petitioner's objections filed before the order was made.
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