HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J,DNR
HASMUKHBHAI GIRDHARILAL CHOPRA – Appellant
Versus
THE NATIONAL FACELESS ASSESSMENT CENTRE GOVT. OF INDIA – Respondent
ORDER :
(BHARGAV D. KARIA, J.)
1. Heard learned Senior Advocate Mr.Tushar Hemani with learned advocate Ms.Vaibhavi K. Parikh for the petitioner and learned Senior Standing Counsel Mr.Varun K. Patel with learned advocate Mr.Dev D. Patel for the respondents.
2. This petition is filed challenging the Assessment Order dated 29.03.2022 passed by the respondent under Section 147 read with Section 144B of the Income Tax Act, 1961 (for short ‘the Act’) and demand notice of even date issued under Section 156 of the Act for Assessment Year 2014-15 on the ground that there is violation of principles of natural justice and non-consideration of the reply filed by the petitioner in response to the show-cause notice dated 24th March, 2022.
3. The brief facts of the case are as under :
3.1. During the year under consideration, the petitioner was engaged in the business of wholesale as well as retail business of gold and silver bullion and jewellery. The Petitioner filed his return of income on 07.11.2014 declaring total income at Rs.8,07,529/-.
3.2. Thereafter, the case of the petitioner was reopened by issuance of notice dated 31.03.2021 under Section 148 of the Act. The respondent vide notice dated 24
The court ruled that non-consideration of a petitioner's reply to a show-cause notice violates principles of natural justice, necessitating the quashing of the assessment order.
The court emphasized the necessity of considering a party's response in assessment proceedings, highlighting the violation of natural justice due to insufficient time granted for reply.
The court emphasized the necessity of adhering to principles of natural justice, particularly the right to a fair opportunity to respond to show-cause notices in tax assessments.
The court ruled that the failure to provide adequate time for response to a show-cause notice constitutes a breach of natural justice, necessitating the quashing of the Assessment Order.
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....
Natural justice mandates that parties be given adequate time to respond to show cause notices, especially when new demands are presented.
The main legal point established in the judgment is that the assessment order passed under the Income Tax Act, 1961 must grant proper and meaningful opportunity to the assessee to respond to the show....
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 due to failure to provide a reasonable opportunity to file a reply to the Show Cause Notice and draft assessment order.
The court established that adherence to principles of natural justice is essential in tax assessments, particularly the right to a personal hearing.
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