The assessee was directed to file reply to the show-cause notice on or before 9th Sept., 2022, it gave the reply to the 1st respondent on 14th Sept., 2022. In its reply, the assessee not only pointed out its objections to the facts stated in the show-cause notice but also requested an opportunity for a personal hearing through video conferencing. Even though the 1st respondent received the reply well in advance, he did not consider the same at all while passing the assessment order. No opportunity for personal hearing as requested was given. There is a clear violation of the principles of natural justice. Hence, the assessment order is not sustainable. Order is set aside and the 1st respondent is directed to redo the assessment taking into account the bifurcation of interest component shown in the reply and also giving an opportunity for personal hearing to the assessee. (AY. 2020-21)
Wadakkancherry Service Co-Operative Bank Ltd. v ITO (2024) 338 CTR 750 (Ker) (HC) Editorial :Order of single judge is set aside, Wadakkancherry Service Co-Operative Bank Ltd. v ITO (2024) 338 CTR 750 (Ker) (HC)
S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-Opportunity of personal hearing was not given-Order of single judge rejecting the petition is quashed and set aside. [Art. 226]
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