Court sets aside order, directs reassessment within 6 weeks. Petitioner entitled to refund if not resolved. The court set aside the impugned order as it was passed without addressing the objections filed by the petitioner, directing the Assessing Officer to ...
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Court sets aside order, directs reassessment within 6 weeks. Petitioner entitled to refund if not resolved.
The court set aside the impugned order as it was passed without addressing the objections filed by the petitioner, directing the Assessing Officer to reconsider the objections within six weeks. If the objections were not resolved within the specified period, the petitioner would be entitled to the immediate release of a significant refund amount with applicable interest. All rights and contentions of the parties were left open for further consideration. The order was to be uploaded promptly on the website, with a copy sent to the petitioner's counsel via email for reference and compliance.
Issues: Challenging adjustment made by respondents against pending demands for assessment years 2011-12 and 2013-14, and release of refund for assessment year 2019-20. Challenging legality and validity of notice/intimation proposing to set off/adjust refund against alleged demands for assessment years 2014-15, 2015-16, and 2016-2017.
Analysis: The petitions were heard via video conferencing. One petition challenged the adjustment made by the respondents against pending demands for specific assessment years and sought the release of a substantial refund for a different assessment year. The other petition contested the legality and validity of a notice proposing to set off or adjust a refund against alleged demands for different assessment years.
During the proceedings, the petitioner's counsel argued that the impugned order was passed without considering objections filed with the Deputy Commissioner of Income Tax and online with the Centralized Processing Centre. It was revealed that objections were indeed submitted before the impugned order was issued, indicating a violation of natural justice principles as the objections were not addressed. Consequently, the impugned order was set aside as it was passed without dealing with the objections, and the Assessing Officer was directed to reconsider the objections within six weeks, providing a reasoned order and an opportunity for the petitioner to be heard. All rights and contentions of the parties were left open for further consideration.
Furthermore, it was clarified that if the objections were not resolved within the specified period, the petitioner would be entitled to the release of the significant refund amount immediately, along with any applicable interest. The order was to be promptly uploaded on the website, and a copy was to be sent to the petitioner's counsel via email for reference and compliance.
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