DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
SDS Infratech Private Limited – Appellant
Versus
National Faceless Assessment Centre Delhi, New Delhi – Respondent
| Table of Content |
|---|
| 1. petition challenges assessment order. (Para 2) |
| 2. violation of natural justice due to denial of hearing. (Para 3 , 4 , 6) |
| 3. court finds personal hearing necessary. (Para 5 , 7) |
| 4. personal hearing is required under law. (Para 8) |
| 5. assessment order set aside and remanded. (Para 9 , 10) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the Assessment Order dated 21st April 2021 passed by the Respondent and seeking directions thereby prohibiting the Respondent from collecting the demand raised by the Respondent.
3. Learned counsel for the Petitioner states that the impugned assessment order is challenged on the ground of violation of principle of natural justice as no Video Conferencing or oral hearing opportunity was provided to petitioner despite specific request made vide communication dated 21st April 2021 as mandated in relevant statutory norms and Central Board of Direct Taxes (CBDT) instructions. He emphasises that serious injustice has been caused to petitioner by not providing a fair opportunity of Video Conferencing to the petitioner or oral hearing, prior to closure
The court ruled that failure to provide a personal hearing in faceless assessment violated principles of natural justice, necessitating the setting aside of the assessment order and remanding the mat....
The obligation of the respondent to consider the request for grant of personal hearing under Section 144B (7) and the violation of the principle of natural justice led to setting aside the assessment....
The central legal point established in the judgment is the requirement to provide an opportunity of personal hearing to the assessee as per the provisions of Section 144B (7) and the mandatory proced....
The court ruled that the failure to provide a personal hearing upon request in the faceless assessment process violated principles of natural justice, rendering the assessment order invalid.
The court emphasized the importance of granting the petitioner an opportunity of hearing as required by Section 144B(7) of the Income Tax Act, and held that the failure to do so violated the principl....
A taxpayer's request for a personal hearing under Section 144B must be considered by the revenue authority, and failure to do so violates natural justice, rendering the assessment order null.
The failure to grant a personal hearing during assessments constitutes a violation of natural justice, mandating the setting aside of the impugned orders.
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....
Failure to grant an opportunity of personal hearing as required under Section 144B(7) constitutes a violation of the principles of natural justice and the mandatory procedure under the Faceless Asses....
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.
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