DELHI HIGH COURT
RAJIV SHAKDHER, TARA VITASTA GANJU
D.B Engineering Pvt. Ltd. – Appellant
Versus
National Faceless Assessment Centre, Delhi – Respondent
| Table of Content |
|---|
| 1. background of the writ petition challenging assessment order (Para 1) |
| 2. denial of personal hearing noted (Para 3) |
| 3. breach of natural justice in denial of hearing (Para 4 , 5) |
| 4. legal provisions regarding personal hearing requests (Para 6) |
| 5. setting aside assessment order (Para 7 , 8 , 9) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (ORAL):
1. The record shows, that on 22.10.2021, this matter was heard by one of us [i.e., Rajiv Shakdher, J.] sitting with Hon'ble Mr Justice Talwant Singh.
1.1. On that date, the broad contours of the controversy arising in the matter were etched out. For the sake of convenience, the relevant part of the said order is extracted hereafter:
"3. Via this writ petition, in effect, challenge is laid to the assessment order dated 28.09.2021, for the assessment year (AY) 2017-18.
3.1. Mr. Jayant Mehta, learned senior counsel, who appears for the petitioner, has drawn our attention, inter alia, to paragraph nos. 8 and 8.1 of the impugned order.
3.2. For the sake of convenience, the said paragraphs of the impugned assessment order, are extracted hereafter:
"8. A showcause notice was issued to the assessee
Denial of a personal hearing in income assessment cases under Section 144B(6)(vii) violates natural justice, necessitating the assessment order's cancellation.
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 ....
Grant of personal hearing is a mandatory requirement under Section 144B(6)(vii) of the Income Tax Act, and failure to provide such a hearing can result in the setting aside of the assessment order.
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.
Failure to grant a personal hearing in tax assessments, as required under Section 144B of the Income Tax Act, renders such assessments non-est in law.
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....
The failure to grant a personal hearing during assessments constitutes a violation of natural justice, mandating the setting aside of the impugned orders.
The obligation of the revenue to consider the request for a personal hearing and the absence of framed standards, procedures, and processes for dealing with such requests.
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....
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