| Court: | Bombay High Court |
| Head Notes: | S. 143(3) : Assessment-Natural justice-Covid-19-Lockdown- Returned income was loss of Rs.10,57,049/- and income assessed was Rs.114,57,33,424-Only three working days’ notice was given to file various details-Order passed without giving sufficient time is violative of the principle of natural justice-Order was set aside. [S. 144, Art. 226] The assessee is in the business of trading of Precious Metals-Gold and Silver Bullion. During the lockdown period the assesee was served with notice to file the details with in three working days. The returned income was loss of Rs.10,57,049. The Assessing Officer passed the order by estimating the income at 8% of sales turnover and assessed the income at Rs.114,57,33,424. The assessee filed writ before the High Court. Allowing the petition the Court held that order passed without giving sufficient time is violative of the principle of natural justice. Order was set aside. (AY. 2018 -19). (WP NO. 1368 of 2021 dt. 28-10-20021) Coarm: Honourabe Mr Justice K.R. Shriram, Honourable Mr. Justice Amit B. Borkar |
| Law: | Income-Tax Act |
| Section(s): | 143(3) |
| Counsel(s): | Dr. K .Shivaram Senior Advocate, Mr. Rahul K. Hakani Advocate for petitioner, Respondent Mr. Suresh Kumar Advocate and Mr. Ashish Kumar Pandey, Dy. CIT |
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| Uploaded By | JAGISH POOJARI |
| Date of upload: | November 1, 2021 |
I think the judgement is very fair and good since the principles of natural justice are sacrosanct and cannot be overlooked. The assessment was rightly set aside by the High Court.