2014 (1) TMI 1187 - HC - Income Tax

Opportunity of being heard - Original return filed u/s 139 of the Act Genuineness of transactions Held that - The impugned order kept in abeyance and the petitioner is directed to appear before the respondent on the given date without insisting upon a fresh notice from the authority If respondent is of the opinion that modification is required in the impugned order, then he is entitled to do so Decided in favour of Assessee.

Summary

Issues:
Assessment orders for multiple years challenged due to lack of opportunity for petitioner to be heard before passing the impugned order.

Analysis:
The judgment pertains to the challenge against the order of the Assessing Officer dated 17.12.2012 for the assessment years 1998-99, 1999-2000, and 2000-01. The petitioner, engaged in civil constructions, had filed its original return of income under Section 139 of the Income Tax Act. Following a search conducted by the Department in 2003, it was alleged that certain income had not been declared by the assessee. Subsequent orders were passed by the Department, leading to appeals by the petitioner and the Department before various authorities. The High Court, in a previous judgment, directed the Assessing Officer to provide findings on certain cash transactions. However, the impugned order was passed without affording the petitioner an opportunity to be heard. The petitioner contended that the notice for appearance was not served in time, while the Department claimed the notice was served but the petitioner failed to appear.

The Court acknowledged the lack of opportunity for the petitioner to present their case before the Assessing Officer while refraining from delving into the specifics of notice service. Consequently, the impugned orders were stayed, and the petitioner was directed to appear before the Assessing Officer without the necessity of a fresh notice. The Assessing Officer was instructed to consider the petitioner's case, taking into account previous directions from the High Court and the Income Tax Appellate Tribunal. If deemed necessary, the Assessing Officer was permitted to modify the impugned orders after providing the petitioner with a fair hearing. Until new orders were passed post the petitioner's hearing, no immediate action was to be taken based on the impugned orders. The writ petitions were disposed of with the aforementioned directions and observations, emphasizing the importance of providing a fair opportunity for the petitioner to be heard.