1971 (3) TMI 13 - HC - Income Tax

Applications challenging the assessment made against the petitioner under the Bihar Agricultural Income-tax Act, 1948 - opportunity of being heard was not given to the assessee - validity of assessment

Summary

Issues:
Challenges to assessment orders under the Bihar Agricultural Income-tax Act, 1948 for multiple assessment years. Violation of principles of natural justice in assessment proceedings.

Analysis:
The judgment involves challenges to assessment orders made against the petitioner under the Bihar Agricultural Income-tax Act, 1948 for various assessment years. The assessment orders were challenged on the grounds of violation of the principles of natural justice during the assessment proceedings. The main contention of the petitioner-company was that the assessment orders were made without providing them with an opportunity to explain the facts and materials used in the assessment. The court observed that the assessment orders were based on enquiries made behind the back of the assessee, without giving them a chance to respond, and relied on surmises and conjectures that could not form a legal and reasonable basis for assessment.

The court specifically pointed out various defects in the assessment orders, highlighting instances where the assessing officer referred to reports and enquiries that were not disclosed to the petitioner or its representatives. The court emphasized that the principles of natural justice require that adverse materials be brought to the notice of the assessee and that they be given an opportunity to respond. The court found that the assessment orders were based on materials that were not disclosed to the assessee, thus violating the principles of natural justice.

In light of the violations of natural justice and the significant variance in the assessment figures before and after remand orders, the court set aside the assessment orders and remitted the cases back to the Agricultural Income-tax Officer for fresh assessment in accordance with the law. The court clarified that the decision to quash the assessment orders was not a reflection on the correctness of the assessment figures but was based on the procedural irregularities and violation of natural justice principles.

Furthermore, the court allowed one of the cases to be withdrawn to pursue an appeal and set aside another assessment order due to similar procedural irregularities and violation of natural justice. The court emphasized the importance of ensuring a fair and transparent assessment process in line with the principles of natural justice. The judgment underscores the significance of providing the assessee with a proper opportunity to respond to the materials and allegations used in the assessment process to uphold the fairness and legality of the tax assessment proceedings.