IN THE HIGH COURT OF DELHI AT NEW DELHI
Vibhu Bakhru, Tejas Karia
Marvy Outsourcing Private Limited – Appellant
Versus
National Faceless Assessment Centre Delhi – Respondent
ORDER :
1. The petitioner has filed the present petition, inter alia, impugning an assessment order dated 18.02.2025 [impugned order] passed under Section 143(3) read with Section 144B of the Income Tax Act, 1961 [the Act] as well as the consequential proceedings including issuance of notice of demand under Section 156 of the Act and initiation of penalty proceedings under Section 270A of the Act for the Assessment Year [AY] 2023-24.
2. The petitioner assails the impugned order on two grounds. First, that it has been passed in violation of the principles of the natural justice. And second, that the impugned order is ex facie erroneous and the reasoning of the Assessing Officer [AO] is perverse.
3. Insofar as the contention that the impugned order has been passed in violation of the principles of natural justice, the learned counsel appearing for the Revenue fairly concedes to the same.
4. In the present case, the show cause notice was issued on 02.12.2024 and the petitioner was called upon to respond by 08.12.2024. Subsequently, by an intimation letter dated 02.02.2025, the petitioner was granted a personal hearing on 03.02.2025 at 4:15 PM. The petitioner has produced the physical prin
The failure to provide a reasonable opportunity for a personal hearing constitutes a violation of natural justice, rendering the assessment order erroneous.
The failure to provide a personal hearing constitutes a breach of natural justice, necessitating the quashing of the assessment order.
Violation of principles of natural justice in assessment proceedings.
The main legal point established in the judgment is that the principles of natural justice, including the right to a personal hearing, must be adhered to in the assessment proceedings under the Incom....
The court established that adherence to principles of natural justice is essential in tax assessments, particularly the right to a personal hearing.
Taxation - Faceless assessment - Section 144B(7) of Act mandatorily provides for issuance of a prior show cause notice and draft Assessment Order before issuing final 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.
Assessments without proper prior notice and opportunity to be heard violate natural justice principles as mandated under Section 144B of the Income Tax Act.
The impugned assessment order, passed without allowing the petitioner to respond within the given time frame and in light of technical glitches preventing the petitioner from filing objections, was n....
Failure to provide adequate opportunity for response and personal hearing invalidates administrative orders, violating principles of natural justice.
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