Devgiri Exports Ltd. vs ITO (NFAC) (Rajasthan High Court)

Court: Hon'ble Rajasthan High Court (JP Bench)
Head Notes:

Facts : 143(3) read with sections 144B of the Income-taxAct, 1961 – Assessment year 2018-19 – Faceless Assessment – Caseof assessee selected for scrutiny stating “Compliancewith TDS provision on payment outside India” – AO issued various notices calling for information – Assessee dulyreplied to all the notices – Thereafter, AO straight away passed the impugnedassessment order without giving any show cause notice and/or draft assessment order – Moreover, in the asst. order, various new issues were raised by the AO.

Held : On Writ Petition before the High Court, the Court, following Whirlpool Corporation vs. Registrar of Trade Marks (1998) 8 SCC 1 wherein it was held that the alternate remedy cannot be a bar to maintain writ wherein principal of natural justice is in challenge, issued notice and stayed the effect and operation ofthe Impugned Assessment Order.

Law:
Section(s): 143(3) r.w 144B
Counsel(s): Adv. Mahendra Gargieya
Dowload Pdf File Click here to download the file in pdf format
Uploaded By Adv. Hemang Gargieya
Date of upload: June 7, 2021

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