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2023 (10) TMI 1040 - HC - Income TaxValidity of assessment u/s 144B - Petitioner was granted only a short span of time i.e. 5 days and excluding the Sunday which is a holiday only three working days was given for filing their reply/objections - HELD THAT - AO before passing any assessment order is that the AO while issuing show cause notice shall provide sufficient time for the assessees to file their reply/objection minimum of 21 days unless and otherwise any specific time limit is fixed under the provisions of the Act; thereafter shall afford an opportunity of personal hearing; in case if the assessee is in need of any documents which forms the basis for issuance of show cause notice the same shall also be furnished to the assessee as the case may be wherever it is required; and after conducting a full-fledged enquiry shall conclude the assessment proceedings in which the AO has to deal with the queries/points (which the assessee would raise/putforth in the form of reply/objections) in detail along with reasons for rejection of the reply if any and thereafter shall pass final assessment order in accordance with law. The above aspects are not scrupulously followed the same would pave a way for the assessee to go on Appeal before the Appellate Authority and even in the Appeal if the assessee is unable to succeed ultimately it will come to the scrutiny of this Court and Hon ble Supreme Court in which case if the assessment order is set aside the Department will loose it s revenue. Therefore it is bounden duty of the Assessing Officer to pass a detailed order providing reasons for rejection of the contention of the assessee. If any cryptic order is passed without touching upon the queries/contentions of the assessee ultimately it would be fatal to the assessee and also cause huge revenue loss to the revenue. Therefore the orders to be passed by the Assessing Officer should always be a speaking order safeguarding both the interest of the assessee and the Revenue. This Court is inclined to set aside the impugned order of assessment.
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