DELHI HIGH COURT
MANMOHAN, MANMEET PRITAM SINGH ARORA
Afsha Talwar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral)--Present writ petitions have been filed challenging the re-assessment orders dated 26th March, 2022 issued under Section 143(3)/147 read with Section 144B of the Income Tax Act, 1961 [`the Act'] as well as the demand notices issued under Section 156 of the Act for the Assessment Years 2016-17 and 2017-18.
2. Learned counsel for the petitioner states that the impugned orders have been passed in violation of the principles of natural justice, as the Respondents have not taken into consideration the material on record and the replies and documents filed by the Petitioner. He states that the Show Cause notices proposing to make an addition of Rs.8 crores and Rs.26,42,15,857/- for the assessment years 2016-17 and 2017-18 respectively were issued on 23rd March, 2022 at 23:59 hours and the Petitioner was given time up till 23:59 hours on 25th March, 2022 only i.e. less than forty eight hours to file replies to the Show cause notices. Consequently, according to him, the Petitioner was effectively denied her right to reply to the Show Cause notices. In support of his submissions, he relies on the decision of the Bombay High Court in Vodafone India Ltd. v. Unio
The court emphasized the necessity of adhering to natural justice in tax reassessment processes, ensuring that parties have adequate time and opportunity to respond to allegations.
Violation of the principle of natural justice in the assessment process warrants setting aside the assessment order and remanding the matter for a decision in accordance with law.
Insufficient time provided to respond to a complex show cause notice violates principles of natural justice, warranting the reassessment of the proceedings.
The court ruled that insufficient time given to respond to a show cause notice violates natural justice, impacting the fairness of assessment proceedings.
Natural justice mandates that parties be given adequate time to respond to show cause notices, especially when new demands are presented.
The court ruled that an assessment order issued without observing due process and the principles of natural justice is invalid, necessitating a fresh assessment.
Violation of principles of natural justice due to failure to provide a reasonable opportunity to file a reply to the Show Cause Notice and draft assessment order.
Assessment orders violated principles of natural justice due to lack of opportunity for the petitioner to be heard, warranting remand for fresh consideration.
Assessment orders must uphold principles of natural justice, ensuring affected parties have a reasonable opportunity to respond, particularly in cases involving technical barriers to communication.
Procedural due process in tax assessments requires adherence to statutory mandates, including the issuance of show cause notices, failure of which invalidates the assessment order.
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