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Case Law Details

Case Name : Umkal Healthcare Pvt. Ltd. Vs National Faceless Assessment Centre & Anr. (Delhi High Court)
Appeal Number : W.P.(C) 7166/2021 & CM APPLs. 22632-22633/2021
Date of Judgement/Order : 29/07/2021
Related Assessment Year : 2018-19
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Umkal Healthcare Pvt. Ltd. Vs National Faceless Assessment Centre & Anr. (Delhi High Court)

Since in the present case no hearing had been granted before passing the impugned assessment order, there is a violation of principles of natural justice as well as mandatory procedure prescribed in ‘Faceless Assessment Scheme’ and stipulated in Section 144B of the Act.

Consequently, the impugned assessment order dated 09th June 2021 as well as demand notice and all proceedings initiated pursuant thereto for the assessment year 2018-19 are set aside and the matter is remanded back to the Assessing Officer, who shall grant an opportunity of hearing to the petitioner by way of Video Conferencing and thereafter pass a reasoned order in accordance with law. With the aforesaid directions, the present writ petition and pending application stand disposed of.

HC directs AO to pass reasoned order after affording opportunity of hearing

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

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