Case Law Details
Orissa Stevedores Ltd. Vs Union of India And Others (Orissa High Court)
1. The challenge is that the order is violative of the principles of natural justice as no opportunity of hearing was given to the Petitioner.
2. Figures of the taxable income and demand for AY 2018-19 in the impugned assessment order of the NFAC are disproportionately high. The impugned assessment order is not only in considerable variation of the figures for the earlier AYs but is also prejudicial to the interests of the assessee.
3. The requirement of Section 144-B (1) (xvi) of the ITA Act for triggering the procedure of first preparing a draft assessment order and providing it to the Petitioner for its response stands attracted in this case.
4. This Court sets aside the impugned assessment order of the NFAC as well as all consequential demand notices/orders and grants liberty to the Department to pass a fresh assessment order for the AY in question in accordance with law.
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