2025 (1) TMI 508

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....Arjun Gupta. P.C. (PER M.S. SONAK, J.):- 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. The petitioner challenges the impugned assessment order dated 28 March 2023 (Exhibit-J1), the consequential demand notice dated 28 March 2023 (Exhibit-J2), and the show cause....

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....itioner specifically requested a personal hearing. This request was reiterated on two further occasions. However, the respondents admit in their reply that no such hearing was granted to the petitioner. 7. Section 144B (6) (viii) of the Income Tax Act provides that an opportunity of personal hearing must be granted in such matters where the assessee requests it. Admittedly, no such personal hea....

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.... glitch, the AO could not be able to see the full details submitted and the request of assessee for personal hearing could not be attended to. Thus, the contention of the petitioner has no merit. 9. Based on the response, it is apparent that no personal hearing was granted to the petitioner, and this denial was not due to any reasons attributable to the petitioner. The impugned order and the co....

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....ed to raise other grounds, without going into all such grounds and based on the failure of natural justice, we set aside the impugned assessment order dated 28 March 2023 and consequential notices issued based upon the impugned order. 12. We remand the matter to the National Faceless Assessment Centre i.e. respondent No.1, for disposing of the show cause notice following the law with liberty to....