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2025 (4) TMI 1300 - HC - Income TaxValidity of re-assessment Order - Petitioner submits that this is a case of gross and apparent violation of principles of natural justice - HELD THAT - We are satisfied that this Petition can be entertained despite the Petitioner having invoked the alternate statutory remedy of Appeal. This is because the undisputed facts indicate a clear violation of the principles of natural justice and fair play. Petitioner was issued a Show Cause Notice and granted time to file a response by 23.59 hours of 30.03.2022. Such response was filed by the Petitioner at 17.59 hours on 30.03.2022. Even before the time limit indicated in the Show Cause Notice would expire the second Respondent made the impugned re-assessment Order dated 30.03.2022 at 17.22 hours. Thus the Petitioner s response filed within the time line indicated was not even considered. Such non-consideration vitiates the impugned Order and constitutes violation of the principles of natural justice. We set aside the impugned re-assessment Order and remit the matter back to the assessing officer for considering the Petitioner s response for granting the Petitioner a personal hearing and making a fresh re-assessment Order on its own merits and in accordance with law. This entire exercise must be completed within three months of the uploading of this order.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Court are:
2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Violation of Principles of Natural Justice in Passing the Re-assessment Order Relevant Legal Framework and Precedents: The principles of natural justice require that a party be given a reasonable opportunity to be heard before an adverse order is passed. This includes the right to file a response to a show cause notice and have the same duly considered before a final order is passed. The Court relied on a prior decision of the same High Court in Mateen Pyarali Dholakia vs. Union of India, where the impugned assessment order was quashed because it was passed before the expiry of the time allowed for filing a reply and without considering the reply filed. Court's Interpretation and Reasoning: The Court observed that the Petitioner was issued a Show Cause Notice on 29.03.2022 with a deadline of 23.59 hours on 30.03.2022 to file a response. The Petitioner filed its response on 30.03.2022 at 17.59 hours, well within the prescribed time. However, the impugned re-assessment Order was passed earlier on the same day at 17.22 hours, before the response was even filed. This demonstrated a clear disregard for the Petitioner's right to be heard and amounted to a gross violation of natural justice. Key Evidence and Findings: The timing of the orders and filings was undisputed and clearly established that the re-assessment Order was passed before the Petitioner's response was filed and considered. Application of Law to Facts: The Court applied the principle that a party's response must be considered before passing a final order and concluded that the impugned Order was vitiated on this ground alone. Treatment of Competing Arguments: The Respondents argued procedural constraints and limitation issues but did not dispute the timing facts. The Court held that procedural fairness cannot be sacrificed even if the re-assessment had to be completed by a fixed date. Conclusions: The impugned re-assessment Order was set aside due to violation of natural justice. Issue 2: Entertaining the Petition Despite Existence of Alternate Remedy of Appeal Relevant Legal Framework and Precedents: Generally, the availability of an alternate statutory remedy such as an Appeal precludes interference by the High Court under writ jurisdiction. However, exceptions exist where there is a gross violation of natural justice or jurisdictional error. Court's Interpretation and Reasoning: The Court accepted the Petitioner's submission that the violation of natural justice in this case constitutes an exception to the rule of exhaustion of alternate remedies. The Court thus exercised its discretion to entertain the Petition despite the pending Appeal. Key Evidence and Findings: The Petitioner disclosed the pending Appeal and offered to withdraw it if the Petition succeeded. The Court accepted this undertaking and ordered compliance. Application of Law to Facts: The Court applied the principle that fundamental procedural fairness overrides the procedural bar of alternate remedies in exceptional circumstances. Treatment of Competing Arguments: The Respondents contended that the Appeal was the proper forum, but the Court found the natural justice violation sufficiently grave to justify direct intervention. Conclusions: The Petition was entertained and allowed despite the pending Appeal. Issue 3: Directions for Fresh Re-assessment and Compliance with Limitation Relevant Legal Framework and Precedents: The Court has the power to remit matters back to the assessing officer for fresh consideration in accordance with law and to issue directions to ensure compliance with limitation periods and procedural fairness. Court's Interpretation and Reasoning: The Court set aside the impugned Order and remitted the matter to the assessing officer with clear directions to consider the Petitioner's response, grant a personal hearing, and pass a fresh re-assessment Order on merits within three months of the uploading of the Court's Order. Key Evidence and Findings: The Petitioner undertook to cooperate fully and not seek unnecessary adjournments. The Respondents acknowledged the limitation deadline of 31.03.2022 and agreed that directions should be issued to avoid limitation issues. Application of Law to Facts: The Court balanced the need for procedural fairness with the statutory limitation constraints by imposing a three-month timeline for completion of the reassessment. Treatment of Competing Arguments: The Respondents' concern about limitation was addressed by the Court's directions. The Petitioner's cooperation was secured to facilitate expeditious disposal. Conclusions: The matter was remitted with directions for fresh consideration within a stipulated time frame, leaving the merits of the re-assessment open for adjudication in the future. 3. SIGNIFICANT HOLDINGS The Court held:
Core principles established include the inviolability of the right to be heard before passing adverse orders, the exception to the exhaustion of alternate remedies rule in cases of gross natural justice violations, and the Court's authority to direct timely re-assessment to avoid limitation issues. Final determinations:
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