2022 (4) TMI 343 - HC - Income Tax

Validity of assessment order u/s 144B - Denial of grant of personal hearing - HELD THAT - Respondent in fairness states that the grievance raised by petitioner in the petition appears to be justified and the court may grant prayer clause (a) and remand the matter for denovo consideration. Petitioner, naturally has no objection. Accordingly, the order dated 30th September 2021 is quashed and set aside and the matter is remanded for denovo consideration. The concerned authority shall strictly comply with the provisions of Section 144B of the Income Tax Act 1961 and also grant a personal hearing before passing any order. Notice of personal hearing to be given to petitioner at least 7 days in advance. After completing the above proceedings, the final assessment order shall be passed within 12 weeks from the date of this order being uploaded.

Summary

The Bombay High Court remanded the matter for denovo consideration, quashing the previous order dated September 30, 2021. The concerned authority must comply with Section 144B of the Income Tax Act 1961 and provide a personal hearing to the petitioner. The final assessment order should be passed within 12 weeks. Petition disposed with no costs.