The Assessing Officer, after a period of inaction for six months following the assessee’s submissions on 09.03.2021 and 16.03.2021, issued a draft assessment order on 23.09.2021. The assessee was given only three working days to respond and its subsequent request for a short adjournment and a personal hearing was not granted before the final assessment order was passed on 29.09.2021. The High Court, condemning the conduct of the officer, observed that the lack of time for a hearing was a direct result of the officer’s own delay. Holding this to be a clear violation of the principles of natural justice, the Court quashed the impugned assessment order. The matter was remanded for fresh adjudication with directions to pass a new order after affording the assessee a proper personal hearing and an opportunity to file a supplementary response to the draft order.
Nirjay Securities (P.) Ltd v. ITO [2023] 157 taxmann.com 53 (Bom.)(HC)
S. 144B : Faceless Assessment-Opportunity of hearing-Assessment order passed after providing only three working days to respond to draft order and denying personal hearing is violative of principles of natural justice; matter to be remanded for fresh adjudication. [S. 133(6), 142(1), 144C, Art. 226]
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