2023 (7) TMI 1355 - HC - Income Tax

Standard Operative Procedure - Shorter period given to reply - Breach of principles of natural justice - notice issued u/s 142(1) and the show-cause notice were not sent to the correct e-mail address of the petitioner - petitioner was granted time lesser time to file a response to the show-cause notice - HELD THAT - Without getting bogged-down by the factual assertion made by the petitioner that the aforementioned notices were not directed to the correct e-mail address we are inclined to set aside the assessment order on the ground that the show cause notice dated 12.05.2023 did not accord a minimum of seven (7) days to the petitioner to file a response. It is ordered accordingly. The assessment order is set aside. The petitioner is given leave to file response(s) to the notice issued under Section 142(1) and the show-cause notice within the next two (2) weeks. To facilitate the filing of replies by the petitioner the AO is directed to open the portal.

Summary

Issues:
The judgment concerns a writ petition challenging the assessment order for Assessment Year 2013-14, specifically focusing on the breach of principles of natural justice regarding the incorrect communication of notices to the petitioner's email address.

Details:
The petitioner's counsel argued that the notice dated 26.04.2023 and the show-cause notice dated 12.05.2023 were not sent to the correct email address registered with the revenue department, leading to a breach of natural justice principles. The notices were sent to an incorrect email address, causing a delay in the petitioner's awareness of the communication.

The petitioner was granted insufficient time to respond to the show-cause notice, with a deadline set until 17.05.2023 at 11:00 hours. The petitioner only became aware of the notices when the information was accessed on 25.05.2023, leading to a request for more time, which was not considered before the assessment order was passed.

The court, without delving into the factual accuracy of the incorrect email address claim, set aside the assessment order due to the failure to provide a minimum of seven days for the petitioner to respond to the show-cause notice. Citing a previous judgment, the court emphasized the importance of granting sufficient time for responses in such matters.

As a result, the assessment order dated 25.05.2023 was overturned, allowing the petitioner two weeks to respond to the notices. The Assessing Officer was directed to open the portal for filing responses, with the liberty to pass a fresh assessment order considering the petitioner's submissions within the specified timeframe.

The writ petition was disposed of in these terms, and the pending interlocutory application was closed, with parties instructed to comply with the digitally signed copy of the order.