Income Tax : The Calcutta High Court quashed a Section 143(3) assessment after finding that the assessee was denied a meaningful opportunity of...
Corporate Law : This article examines how natural justice focuses on the fairness of decision-making processes rather than the correctness of outc...
Income Tax : Courts have validated the faceless assessment framework while insisting on strict adherence to fairness. The key takeaway is that ...
Goods and Services Tax : The Court ruled that issuing an SCN before the pre-SCN reply period expires violates natural justice. The key takeaway is that aut...
Goods and Services Tax : The Court held that authorities must provide a personal hearing before issuing adverse GST orders under Section 73. Failure to fol...
Income Tax : The High Court held that an assessment order passed without issuing a show cause notice detailing the proposed additions violated ...
Income Tax : The Madras High Court held that assessment proceedings should include a show cause notice identifying the proposed additions befor...
Income Tax : Gujarat HC quashed the reassessment proceedings after holding that ignoring the assessee's adjournment request violated natural ju...
Income Tax : ITAT remanded the matter after holding that the CIT(A) passed a non-speaking order without giving reasons or properly considering ...
Income Tax : The High Court found that the appellate authority had failed to act on the Tribunal's direction requiring a speaking order for Ass...
The High Court held that an assessment order passed without issuing a show cause notice detailing the proposed additions violated the principles of natural justice. The matter was remanded for fresh proceedings after issuing a proper notice.
The Madras High Court held that assessment proceedings should include a show cause notice identifying the proposed additions before passing the final order. The assessment orders were treated as show cause notices and remanded for fresh consideration.
The Calcutta High Court quashed a Section 143(3) assessment after finding that the assessee was denied a meaningful opportunity of hearing. It held that procedural fairness cannot be sacrificed even where an appellate remedy exists.
Gujarat HC quashed the reassessment proceedings after holding that ignoring the assessee’s adjournment request violated natural justice.
ITAT remanded the matter after holding that the CIT(A) passed a non-speaking order without giving reasons or properly considering the assessee’s submissions.
The High Court found that the appellate authority had failed to act on the Tribunal’s direction requiring a speaking order for Assessment Year 2015-16. Holding that prolonged administrative inaction cannot leave an assessee without a remedy, the Court ordered time-bound disposal of the appeal.
The Court restrained coercive recovery proceedings after noting allegations that the adjudication order relied heavily on witness statements without permitting cross-examination. The ruling highlights the significance of procedural fairness in adjudication proceedings.
This article examines how natural justice focuses on the fairness of decision-making processes rather than the correctness of outcomes. It highlights the legal safeguards that protect individuals against arbitrary exercise of power.
The Supreme Court quashed the removal of a Mathadhipati after finding that relied-upon documents were not properly supplied and the enquiry process violated principles of natural justice. A fresh enquiry was ordered through an independent mechanism.
The Orissa High Court set aside GST demand and rectification orders after finding that the taxpayer’s reply and request for personal hearing were ignored. The Court held that failure to consider the reply violated principles of natural justice.
