Tag: natural justice
Cryptic order passed in casual manner by CIT(A) liable for imposition of cost on account of gross violation of statutory provisions of law and principles of natural justice. In a recent judgment, the ITAT Amritsar has held that a cryptic order passed in casual manner by the CIT(A) …
Assessment order quashed as SCN gave less than seven days time to submit response to proposed variation to income In a recent judgment, the Hon’ble Bombay High Court quashed assessment order as show cause notice gave less than seven days time to assessee to submit response to proposed …
Reply was not submitted as e-filing portal was closed, Assessment order set aside as time given for submitting reply was extremely short. In a recent judgment, Hon’ble High Court of Himanchal Pradesh has set aside the income tax assessment order where time granted for submitting reply to the …
CIT(A) is required to communicate the notice through the email id available in Form 35 of the appeal memo as per CBDT Notification No. 139/2021 In a recent judgment, the ITAT has held that CIT(A) is required to communicate the notice through the email id available in Form …
Dismissing appeal ex-parte by CIT(A) on very first date of hearing without giving proper opportunity to the assessee to prepare the case was unjustified – ITAT ABCAUS Case Law Citation: ABCAUS 2906 (2019) (05) ITAT The appeal by Assessee was directed against the Order of the CIT(A) whereby …
Pre-dating demand notice even before the assessment order was passed showed the assessee was denied any opportunity of hearing in violation of natural justice – ITAT ABCAUS Case Law Citation: ABCAUS 2799 (2019) (02) ITAT In the instant case, the assessee had filed the appeal against the order …
Assessee should get full opportunity at every stage of adjudication. Tax laws are not penal and neither so rigid to curb lawful rights of taxpayers-ITAT The instant appeal was filed by the appellant assessee This against the order of the CIT(A) upholding the action of the Assessing Officer …
Order passed by AO before expiry of the date of hearing fixed was in violation of the principles of natural justice and cannot stand to the test of law-High Court ABCAUS Case Law Citation: ABCAUS 2146 (2017) (12) HC The Challenge/Grievance: The petitioner was aggrieved by the impugned …
Very short period of appearance given to assessee violated principles of natural justice. ITAT set aside order passed by CIT (Exemptions) for decision afresh ABCAUS Case Law Citation: ABCAUS 2126 (2017) (11) ITAT The assessee trust was aggrieved by the order of Commissioner of Income Tax (Exemptions) rejecting …
Compliance of natural justice in disciplinary inquiry necessary-Supreme Court The Supreme Court in a recent judgment has dwelt upon the compliance of principles of natural justice in a disciplinary inquiry and summarised the emerging points on the subject. Case Details: Civil Appeal No. 2265 of 2011 Chamoli District Co-operative Bank Ltd. & …