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 30.03.2022 passed by the respondent under Section 147 read with Section 144B of the Income Tax Act, 1961 (for short ‘the Act’) for Assessment Year 2013-14 and demand notice of even date issued under Section 156 of the Act 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 01.10.2013 declaring total income at Rs.13,27,250/-.
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 2
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 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 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 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.
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.
Natural justice mandates that parties be given adequate time to respond to show cause notices, especially when new demands are presented.
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.
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.
The failure to address objections before issuing an assessment order violates principles of natural justice, necessitating a fresh assessment.
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....
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