TMI Blog2022 (6) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... - breach of principles of natural justice - request for personal hearing denied - HELD THAT:- As in response to the show cause notice dated 22.04.2021, the petitioner had on 23.04.2021 sought an opportunity for grant of personal hearing. Despite receipt of this request by the respondent no.3, the impugned order has been passed after a period of almost two months but without granting any such opp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KAR AND URMILA S. JOSHI-PHALKE, JJ. Shri Sunil Manohar, Senior Advocate with S/Shri A.A. Choube and A.S. Manohar, Advocates for petitioner. Shri S.N. Bhattad, Advocate for respondent nos. 1 to 3. ORAL JUDGMENT (Per A.S.CHANDURKAR, J.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties. 2. The challenge raised in this writ petition is to the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nting any opportunity of personal hearing, the assessment order has been passed. 4. Shri Sunil Manohar, learned Senior Advocate for the petitioner submits that the petitioner had made a request for grant of personal hearing within the time within which response from the petitioner was sought. It was incumbent upon the respondent no.3 to have granted an opportunity of personal hearing before pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d have opposed the aforesaid submissions by filing their reply. It has been stated in the reply that after giving the show cause notice to the petitioner, the order of assessment has been passed and there was no breach of principles of natural justice. 6. Having heard the learned counsel for the parties and having perused the documents on record, it is clear that in response to the show cause n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 19.06.2021 is set aside. Considering the facts of the present case, the respondent no.3 shall grant an opportunity of personal hearing to the petitioner through video conferencing before it proceeds further in terms of the show cause notice dated 22.04.2021. All points on merits are kept open. It is expected that the respondent no.3 shall pass fresh assessment order within a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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