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PIYUSH AGRAWAL
M. L. Chains – Appellant
Versus
Pr. Commissioner of Income Tax-1 – Respondent
| Table of Content |
|---|
| 1. background of the writ petition against assessment order. (Para 2 , 3) |
| 2. arguments against the impugned order and procedural issues. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court’s observations on the validity of proceedings and natural justice. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. quashing of the impugned order and legal precedent. (Para 20 , 21) |
| 5. final judgment and orders issued by the court. (Para 22 , 23 , 24) |
JUDGMENT
Piyush Agrawal, J.
Heard Shri Amit Mahajan, learned counsel for the petitioner and Shri Manu Ghildyal, learned counsel for the respondents.
2. The instant writ petition has been filed challenging the order dated 31.03.2022 passed by the respondent no. 1 cancelling the assessment order dated 22.12.2019 being erroneous in so far as it is prejudicial to the interest of the Revenue.
3. The brief facts of the case are that the petitioner deals in the business of gold bars and gold ornaments. On 27.02.2019, a notice under section 142(1) of the INCOME TAX ACT was issued to the petitioner. Thereafter, on 23.08.2019, a show cause notice under section 272-A(1)(d) of the INCOME TAX ACT was issued. Thereafter, the petitioner, through its repr
Valid service of notice under section 148 is essential for jurisdiction; failure to serve invalidates the assessment order.
The court held that failure to provide a personal hearing as mandated by Section 144B of the Income Tax Act renders the assessment order invalid, violating principles of natural justice.
No fresh s.143(2) notice required in s.263 revisionary assessments as continuation of original proceedings with prior notice.
The court established that failure to respond within specified timelines does not constitute a violation of natural justice in tax reassessment proceedings.
The notice under Section 263 does not need to be signed by the Commissioner to be valid, as long as it serves the purpose of providing an opportunity for the assessee to be heard.
The assessment order issued without proper notice and outside statutory limitation is invalid, emphasizing the necessity of compliance with the principles of natural justice.
The court ruled that an Assessing Officer must wait for the Dispute Resolution Panel's directions before passing a final assessment order, even if objections are not communicated timely, emphasizing ....
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