On writ the Court held that though a personal hearing was sought, the same has been denied to the Petitioner on the ground that the Petitioner would have nothing further to add to the reply already filed by the Petitioner. The Court noted that such an approach, would not be appropriate. If the law requires the grant of a personal hearing, then the same should not be ordinarily denied on the grounds that nothing further could be said in the personal hearing. The Petitioner must be allowed to convince the Assessing Officer of the merits of its version. This is more so when a law provides for a personal hearing when requested by the Assessee. Accordingly the order and notice is quashed and set aside.
Pico Capital Private Limited v. Dy. CIT (2025) 170 taxmann.com 638 (Bom)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Petitioner had explicitly sought for a personal hearing-Not granted-Breach of the principles of natural justice-Order is set aside.[S. 148A(b), 148A(d), Art. 226]
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