9911796707
TMI Blog2017 (12) TMI 1227X X X X Extracts X X X X X X X X Extracts X X X X ..... give cogent reasons for rejecting the specific plea raised by the petitioner. However, the Assessing Officer has failed to do so - this Court has no other option, but to set aside the assessment order dated 21.02.2017, and the assessment order dated 01.03.20 17, and to remand the case back to the Assessing Officer - petition allowed by way of remand. - Writ Petition Nos. 13315-13316/2017 And Writ Petition Nos. 13752-13773/2017 (T-RES) - - - Dated:- 2-6-2017 - Mr. Raghvendra S. Chauhan, J. For The Petitioner : Sri R. Venkatesh Prasad, Adv. For The Respondents : Sri T. K. Vedamurthy, AGA ORDER The petitioner, M/s ALD Automotive Pvt. Ltd., has challenged the legality of the reassessment order dated 21.02.2017, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen leased out. The output tax liability on such lease rentals, arise over the lease period, spanning over 24-36 months. Consequently the relevant eligible input tax credits are carried over to be rebated against the output liabilities, over the period of lease, as and when they arise. Consequent to the nature of the transactions, as explained above the dealer s books, returns and VAT audit reports carry surplus input tax credits, waiting to be set off against the output tax liability arising the subsequent lease periods. However, notwithstanding the explanation given by the petitioner, the reassessment orders have been passed by the Assessing Officer on 21.02.2017, and on 01.03.2017. Hence, this petition before this Court. 3. Mr. R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel has supported the impugned assessment orders. 5. During the course of hearing of this petition, this Court has directed the learned counsel for petition er to produce any evidence to show that an opportunity of hearing has been denied to the petitioner by producing any order sheet which may have been maintained by the Assessing Officer. For, according to the reassessment order dated 21.02.2017, the Assessing Officer has clearly noted the fact that an opportunity of personal hearing was granted to the petitioner on 17.02.2017 . 6. In pursuance of the observation made by this Court, today, the learned counsel for petitioner has produced an endorsement dated 09.05.2017. According to the said endorsement, the petitioner had appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party have right to know the reasons for the quasijudicial body while passing of its order. Thus, the Assessing Officer is duty bound to give cogent reasons for rejecting the specific plea raised by the petitioner. However, the Assessing Officer has failed to do so. 9. Thus, for the reasons stated above, this Court has no other option, but to set aside the assessment order dated 21.02.2017, and the assessment order dated 01.03.20 17, and to remand the case back to the Assessing Officer. This Court directs the Assessing Officer to give an opportunity of personal hearing to the petitioner, and to deal with each and every plea raised by the petitioner. The Assessing Officer shall pass the reassessment order within a period of one month f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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