2024 (11) TMI 1167

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....learned counsel for the assessee and Sri Ankur Agarwal, learned counsel for the revenue. 2. Challenge has been raised to the order dated December 21, 2023 passed by the Commercial/State Tax Officer, Sector-16, Lakhanpur, kanpur-II, Kanpur Nagar for the tax period 2017-18, whereby demand has been raised against the present petitioner. 3. Solitary ground being pressed in the present petition is, t....

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....ed by a coordinate bench of this Court in Bharat Mint & Allied Chemicals Vs. Commissioner Commerical Tax & 2 Ors., (2022) 48 VLJ 325, it has been then asserted, the Assessing Authority was bound to afford opportunity of personal hearing to the petitioner before he may have passed an adverse assessment order. Insofar as the assessment order has raised disputed demand of tax, the same is wholly adve....

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....r the parties and having perused the record, Section 75(4) of the Act reads as under : "An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person." 7. We find ourselves in complete agreement with the view taken by the coordinate bench in Bharat Mint & Allied ....

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....erms. The stand of the assessee may remain unclear unless minimal opportunity of hearing is first granted. Only thereafter, the explanation furnished may be rejected and demand created. 9. Not only such opportunity would ensure observance of rules of natural of justice but it would allow the authority to pass appropriate and reasoned order as may serve the interest of justice and allow a better a....