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HC set aside an assessment order passed without considering adjournment request

June 8, 2021 3456 Views 0 comment Print

In this case, the Honourable High Court has set aside an assessment order passed under the faceless assessment regime without considering the adjournment request filed by the petitioner and has directed the assessing authority to consider the petitioner’s submission and complete the assessment proceedings in accordance with the law.

Faceless Assessment: Officer must grant personal hearing on request of Assessee

June 8, 2021 2088 Views 0 comment Print

Lemon Tree Hotels Limited Vs National Faceless Assessment Centre Delhi (Delhi High Court) Prima facie, once an assessee [i.e., the petitioner, in this case] requests for a personal hearing, the officer in-charge, under the provisions of clause (viii) of Section 144B(7) of the Act, would have to, ordinarily, grant a personal hearing. In any event, […]

Order not in adherence to principles of natural justice- HC kept in abeyance

June 8, 2021 1080 Views 0 comment Print

Parag Kishorchandra Shah Vs The National Faceless Assessment Center & Ors. (Bombay High Court) In this case, the Honourable Bombay High Court has directed to keep the impugned assessment order for the AY 2018-19 in abeyance till the next hearing date holding that prima-facie the assessment order has been passed without giving a proper opportunity […]

Faceless Assessment without hearing: HC Stays Order, Demand & Penalty

June 8, 2021 1509 Views 0 comment Print

Raja Builders Vs National Faceless Assessment Centre & Ors. (Bombay High Court) In this case, the show-cause notice dated 20th April 2021 along with a draft assessment order had been issued to the petitioner requiring showing cause as to why the assessment should not be completed in terms of the draft assessment order. The said […]

HC stays faceless assessment order pass outwith providing opportunity of hearing

June 8, 2021 1047 Views 0 comment Print

Suresh Kumar Lakhotia Vs National e-Assessment Centre & Ors. (Bombay High Court) In this case, the Petitioner has contended that there are a lot of glitches in the operation of the E-assessment Scheme. Pursuant to the said Scheme, by show-cause notice dated 23rd April 2021, a draft assessment order had been issued to Petitioner requiring […]

HC stays assessment order passed before time prescribed for filing reply

June 8, 2021 1860 Views 1 comment Print

Renew Power Pvt. Limited Vs. National E-Assessment Centre (Delhi High Court) Petitioner, claimed that there has been a breach of principles of natural justice. 2.1. According to him the show cause notice-cum-draft assessment order dated 18.04.2021 required the petitioner to submit its response by 23:59 hours on 22.04.2021. It is the petitioner’s claim that the […]

HC grants interim stay on assessment order on the ground of not hearing

June 8, 2021 1536 Views 0 comment Print

Shelf Drilling Offshore Services (India) Pvt. Ltd. Vs DCIT (Bombay High Court) In this case, The Hon’ble Bombay High Court has granted an interim stay on an assessment order passed under the faceless assessment regime on the ground of not hearing and has further remarked that there are a lot of glitches in the operation […]

HC set aside Assessment order passed prior to elapse of time granted to respond to SCN

June 8, 2021 2307 Views 0 comment Print

Ekambaram Sukumaran Vs ITO (Madras High Court) The Honourable High Court has set aside the impugned assessment order for de-novo completion, holding it to be in breach of the principle of natural justice as the order was made prior to the elapse of time granted to respond to show cause notice (SCN), the impugned order […]

Appeal – Limitation – Liberal approach to be followed during Covid

June 7, 2021 2319 Views 2 comments Print

Shree Jagannath Traders Vs Commissioner of State Tax Odisha (Orissa High Court) Mr. Narasingh, learned counsel for the Petitioner, points out that while the appeal was accompanied by the downloaded printed copy of the order appealed against at the time of filling of the appeal, it was not accompanied by the certified copy thereof at […]

HC Set aside ex parte GST order passed in Violation of Natural Justice

June 7, 2021 3921 Views 0 comment Print

Pramod Khad Bhandar Vs Union of India (Patna High Court) Contention of Appellant For issuance of a consequential writ or order for quashing of the ex parte order dated 05.03.2020 passed under section 73 of the state act and also for quashing of the summary of order issued in form GST DRC – 07 dated […]

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