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TMI Blog2025 (3) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner has challenged the assessment order dated 28.02.2024 passed under section 144 read with section 144B of the Income Tax Act, 1961 (For short "the Act"). 3. Brief facts of the case are that the petitioner is a proprietor of Omish Metal Finish engaged in the business of manufacturing and trading of copper and aluminium scrap. The petitioner had filed its return of income for Assessment Year 2022-2023 on 13.10.2022 along with audited books of accounts under section 44AB of the Act. In the said return, the assessee had declared total income of Rs. 8,87,410/- under head of Income from Business and Profession from M/s. Omish Metal Finish. 4. The petitioner received notice under section 143 (2) of the Act for scrutiny assessment. Subsequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Rao referred to the details of voluminous reply placed on record to demonstrate that the petitioner has raised the objection for proposed addition, however, the Assessing Officer has failed to consider the reply and passed the impugned order under section 144 of the Act being the Best Judgment Assessment ignoring the reply of the petitioner which could not have been passed as the Assessing Officer has referred to the reply and has recorded that after examination, the same was not found satisfactory. He, therefore, submitted that there is a breach of principle of natural justice by the Assessing Officer by not considering the details of the reply filed by the petitioner as no reason is assigned to discard the reply filed by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsatisfactory without assigning any reason for coming to such a conclusion and therefore, the Best Judgment Assessment order passed under section 144 of the Act is not tenable in the eye of law. 16. The Hon'ble Apex Court in case of Shukla and Brothers (supra) has observed as under: "10. The increasing institution of cases in all Courts in India and its resultant burden upon the Courts has invited attention of all concerned in the justice administration system. Despite heavy quantum of cases in Courts, in our view, it would neither be permissible nor possible to state as a principle of law, that while exercising power of judicial review on administrative action and more particularly judgment of courts in appeal before the higher Court, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o pass reasoned orders. 15. In the case of Siemens Engineering and Manufacturing Co. of India Ltd. v. Union of India and Anr. [AIR 1976 SC 1785], the Supreme Court held as under:- "6. ......If courts of law are to be replaced by administrative authorities and tribunals, as indeed, in some kinds of cases, with the proliferation of Administrative Law, they may have to be so replaced, it is essential that administrative authorities and tribunals should accord fair and proper hearing to the persons sought to be affected by their orders and give sufficiently clear and explicit reasons in support of the orders made by them. Then alone administrative authorities and tribunals exercising quasi-judicial function will be able to justify their e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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