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    <title>2024 (2) TMI 1677 - ITAT KOLKATA</title>
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    <description>Assessment and first appellate proceedings must provide the assessee a meaningful opportunity to present its case. An ex parte assessment followed limited time for share applicants to respond, with replies received after the assessment order. The appellate proceeding was decided after only a conditional notice concerning the Vivad Se Vishwas Scheme during the COVID-19 pandemic. As the record did not establish adequate opportunity before either authority, the assessment and appellate orders were unsustainable for breach of natural justice. The matter was restored for fresh adjudication after granting sufficient opportunity to the assessee.</description>
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      <description>Assessment and first appellate proceedings must provide the assessee a meaningful opportunity to present its case. An ex parte assessment followed limited time for share applicants to respond, with replies received after the assessment order. The appellate proceeding was decided after only a conditional notice concerning the Vivad Se Vishwas Scheme during the COVID-19 pandemic. As the record did not establish adequate opportunity before either authority, the assessment and appellate orders were unsustainable for breach of natural justice. The matter was restored for fresh adjudication after granting sufficient opportunity to the assessee.</description>
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