2022 (6) TMI 694 - HC - Income Tax

Court overturns unfair assessment, emphasizes procedural fairness in Income Tax Act case.

SARWAN KUMAR PODDAR Versus UNION OF INDIA & ORS.

SARWAN KUMAR PODDAR Versus UNION OF INDIA & ORS. - TMI Issues:Challenge to order under Section 148 of the Income Tax Act, 1961; Violation of principles of natural justice; Procedural irregularity in reassessment proceedings.Analysis:The appellant filed a writ petition challenging a notice dated March 31, 2021 under Section 148 of the Income Tax Act, 1961, seeking various reliefs including rescinding the notice and penalty demand. The Single Judge dismissed the petition, stating it was an appealable order and no procedural illegality existed. The appellant appealed, arguing the lack of reasons for the dismissal and violation of natural justice. The proceedings began with the notice under Section 148, detailing information collected by the assessing officer. The appellant raised objections, requesting specific details and documents, which were not provided. The assessing officer proceeded with the reassessment without fulfilling the appellant's requests, leading to a lack of natural justice. The Court found a gross violation of natural justice in the decision-making process, rendering the proceedings unsustainable.The Court held that the assessing officer's failure to provide relevant information to the appellant, despite requests, constituted a violation of natural justice. The appellant's objections and requests for specific details were ignored, leading to an unfair assessment process. The Court emphasized the importance of ensuring procedural fairness and the right to be heard in such matters. The decision to remand the matter to the assessing officer for a fresh decision was based on the need to rectify the procedural irregularities and provide the appellant with the necessary information for a fair assessment process.The Court directed the assessing officer to furnish relevant details and documents sought by the appellant, ensuring a fair and transparent assessment process. While acknowledging that not all information concerning the Wadhwa Group needed to be disclosed, the Court emphasized the importance of providing information relevant to the appellant's case. Additionally, the Court ordered the assessing officer to allow the appellant to cross-examine relevant individuals involved in the case, ensuring a thorough and just assessment process. The Court's decision aimed to rectify the procedural irregularities and uphold the principles of natural justice in the reassessment proceedings.