2019 (10) TMI 882

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... affirmed. 2. Present revision has been pressed on the following question of law: "(i) Whether on the fact and circumstances of the case the Tribunal rightly sustained the sanction granted by the Additional Commissioner under Section 21 (2) of the Act permitting the assessing authority to initiate the re-assessment proceedings when no opportunity of hearing was afforded to the applicant by the Additional Commissioner? (ii) Whether the assessing authority rightly initiated re-assessment proceedings in the absence of any show cause notice having served on the applicant?" 3. Heard Sri R.R.Agarwal, learned counsel assisted by Sri Suyash Agrawal, learned counsel for the revisionist-assessee and Sri B.K. Pandey, learned St....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he re-assessment order outside the normal period of limitation. 7. Further, it has been submitted that no opportunity of hearing was granted by the assessing officer to the assessee before passing the re-assessment order dated 30.3.2002. The entire exercise is stated to have been rushed up, inasmuch as the star point of the proceedings is the circular letter dated 18.3.2002 whereas the final re-assessment order has been passed on 30.3.2002 within a period of 11 days. Thus, the principles of natural justice are stated to have been violated by the different authorities at all stages. 8. Coming to the grounds of appeal, it has been submitted that both before the first appeal authority and before the Tribunal, the assessee has raised spec....