The High Court held that the petitioner was not given adequate ...
Court found inadequate time given to respond to notice. Petitioner's response hindered by portal issue. Show cause notice meant for fair response. Assessment order remanded. Petitioner to reply in 15 days. Portal to be fixed.
Case Laws Income Tax
August 8, 2024
The High Court held that the petitioner was not given adequate time to respond to a show cause notice, as only 6 clear working days were provided instead of the required 7 days. The petitioner's inability to submit a response due to the deactivation of the portal's submission button constituted a violation of natural justice. The Court noted that the purpose of a show cause notice is to allow for a response and highlighted that the petitioner faced difficulties due to a festival falling within the response period. As the assessment order was issued without considering the petitioner's response, the matter was remanded to the Faceless Assessment Unit. The petitioner was directed to submit a response within 15 days, with the Unit instructed to reactivate the submission button within a week and inform the petitioner via email.
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