IN THE HIGH COURT OF JUDICATURE AT MADRAS
Krishnan Ramasamy, J
Manoj Kiron Kumar Lulla – Appellant
Versus
Assessment Unit, National E.Assessment Centre, Income Tax Department – Respondent
ORDER :
(KRISHNAN RAMASAMY, J.)
This writ petition has been filed challenging the impugned assessment order dated 10.03.2025 passed by the 1st respondent.
2. Mr.B.Ramanakumar, learned Senior Standing counsel, takes notice on behalf of the respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.
3. The learned Senior counsel for the petitioner would submit that in this case, the show cause notice was issued by the 1st respondent on 16.02.2025, whereby they had directed the petitioner to file their reply on or before 21.02.2025. At that time, the Authorized Representative of the petitioner was hospitalized, due to which the petitioner was unable to collect all the supporting documents. Hence, on 21.02.2025, the petitioner had sought for adjournment till 08.03.2025. However, the respondent had granted time for filing the reply only up to 27.02.2025. Once again, a request was made by the petitioner for further extension of time till 08.03.2025. At this juncture, an intimation was issued by the respondent on 02.03.2025, whereby it was intimated to the petitioner that the personal hearing was scheduled to be held on 03.03.2025, i.e
Failure to provide adequate opportunity for response and personal hearing invalidates administrative orders, violating principles of natural justice.
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....
The failure to provide a reasonable opportunity for a personal hearing constitutes a violation of natural justice, rendering the assessment order erroneous.
The court established that adherence to principles of natural justice is essential in tax assessments, particularly the right to a personal hearing.
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 failure to provide a personal hearing constitutes a breach of natural justice, necessitating the quashing of the assessment order.
The Court upheld the violation of natural justice in income tax assessment procedures, invalidating the assessment order due to improper acknowledgment of the petitioner's adjournment request.
Breach of natural justice occurs when a party is not given adequate opportunity to respond to allegations; procedural fairness must be upheld in tax assessments.
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.
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