TMI Blog2024 (3) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... by Section 115BAB of the Act, which Petitioner thought of exercising for AY 2022-23. - As argued order has not been passed or signed by the Member who gave a personal hearing and secondly, in the order reliance has been placed on the report of the Field Authorities, which Petitioner on instructions, states, has not been provided - principles of natural justice denied - HELD THAT:- As Petitioner stated that such a report was received by CBDT and considered itself came to light only when Petitioner received the impugned order. He also states that Petitioner s officers were called by the Field Authorities . Their explanations were sought after which nothing was received by the Assessee from the Field Authorities. In our view, principles of na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OKHALE, JJ. For the Petitioner : Mr. P. J. Pardiwalla, Senior Advocate, with Mr. Madhur Agrawal, Mr. Upendra Lokegaonkar, i/b. Mint Confreres. For the Respondents-Revenue : Mr. Ahileshwar Sharma. PC:- 1. Petitioner is impugning an order dated 5th December 2023 passed under section 119(2)(b) of the Income Tax Act, 1961 ( the Act ) passed by Respondent No. 1 Central Board of Direct Taxes ( CBDT ). 2. Petitioner was set up to be a joint venture between Tata Autocomp Systems Ltd. ( Tata Autocomp ) and Hefei Guoxuan High-Tech Power Energy Co. Ltd. ( GOTION CHINA ), a company incorporated in the Republic of China. Petitioner was to be owned 60% by Tata Autocomp and 40% by GOTION China. 3. Subsequent to the incorporation of Petitioner and prior to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner had not exercised the option to be governed by Section 115BAB of the Act, which Petitioner thought of exercising for AY 2022-23. Therefore, Petitioner filed, by way of abundant caution, an application under Section 119(2)(b) of the Act for condoning delay, if any, in filing Form 10-ID to avail the beneficial rate of tax of 15% under Section 115BAB of the Act for reasons mentioned in the application. 8. Petitioner was given a personal hearing on or about 19th October 2023 by Member ( IT R ), CBDT. Thereafter, the order dated 5th December 2023, that is impugned in this petition came to be passed. No affidavit in reply has been filed though petition was served on or about 8th February 2023. 9. Mr. Sharma states he has recently been inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Petitioner that there was such a report. 11. Moreover, the order says, This issues with the approval of Member (IT R), Central Board of Direct Taxes and is signed by one Virender Singh, Additional Commissioner of Income Tax (ITA Cell), CBDT, New Delhi. If a personal hearing has been granted by the Member (IT R), the order should have been passed by him. Mr. Sharma states there could be file notings. If that is so, that has not been made available to Petitioner. 12. In the circumstances, on these two grounds alone, we quash and set aside the impugned order dated 5th December 2023 and remand the matter to CBDT. The Member/Members shall within three weeks from the date this order is uploaded make available to Petitioner all Field Reports/do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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