Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Tax Rectification Orders Invalidated: Procedural Violation Under Section 154 Undermines Natural Justice and Fairness

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The ITAT held that the Assessing Officer (AO) violated statutory procedure under section 154 by failing to serve notice to the assessee before passing rectification orders for AY 2016-17, 2017-18, and 2018-19. The tribunal found a clear breach of natural justice, emphasizing that the AO cannot disregard mandatory procedural requirements. The department's argument that the notice omission caused no prejudice was rejected, with the tribunal noting such arbitrary actions offend constitutional principles of fairness. Consequently, the impugned rectification orders were set aside, upholding the assessee's right to be heard before any assessment modification.....