9911796707
TMI Blog2022 (8) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... giving complete go by to the principles of natural justice. The excuse orally being set up usually by the departmental counsels is that there is some problem in the computerisation system which is solely controlled by the respondent no.1 i.e. the Central Board of Direct Taxes, New Delhi, and they can not, at their own, correct the system. The practice of frequently violating principles of natural justice, non consideration of replies of assessee under one pretext or the other or rejecting it with one or two lines orders without recording reasons for rejection, is gradually increasing which needs to be taken care of immediately by the respondents at the highest level, otherwise prevailing situation of arbitrary approach and breach of prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shing the IMPUGNED ORDER Dt. 06.06.2022 passed u/s 154 of the Income Tax Act, 1961 by the Respondent No. 2; c) To issue a writ, order or direction in the nature of CERTIORARI quashing the IMPUGNED Notice Dt. 30.03.2022 u/s 148 of the Income Tax Act, 1961 by the Respondent No. 2. 3. On 26.07.2022 and 02.08.2022, this Court passed the following orders : 26.07.2022 Heard Sri Abhinav Mehrotra, learned counsel for the petitioner, Sri Sudarshan Singh, learned counsel for the respondent No.1 and Sri Gaurav Mahajan, learned Senior Standing Counsel for the respondent Nos.2 and 3. This writ petition has been filed praying for the following relief: a) To issue a writ, order or direction in the nature of CERTIORARI quas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d whether it is available on the portal. Put up as a fresh case before the appropriate bench on 02.08.2022. As an interim measure, it is provided that the impugned notice under Section 148 and the impugned order under Section 148A(d) of the Act, 1961, shall be kept in abeyance till the next fixed. 02.08.2022 Heard Shri Abhinav Mehrotra, learned counsel for the petitioner and Shri Gaurav Mahajan, learned Senior Standing Counsel for the respondent nos.2 and 3. An order under Section 148-A(d) of the Income Tax Act, 1961 has been passed by the respondent no.2, prima facie, without consideration to the reply dated 29.03.2022 filed by the petitioner and the assessee's application under Section 154 of the Act, 1961 has a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and the Rectification Application filed u/s 154 of the Act was also decided under the same circumstances. 6. That under the circumstances as enumerated in the preceding paragraphs the answering respondents most respectfully admit that the orders dated 30.03.2022 and 06.06.2022 impugned in the Writ Petition have been passed without considering the reply of the petitioner dated 29.03.2022 which was placed before the respondent no. 2 alongwith the Application filed u/s 154 of the Act by the petitioner . 5. Thus, from the facts as admitted in the short counter affidavit it is undisputed that the impugned order has been passed by the respondents arbitrarily and in gross violation of the principles of natural justice. Therefore, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ually increasing which needs to be taken care of immediately by the respondents at the highest level, otherwise prevailing situation of arbitrary approach and breach of principles of natural justice may not only adversely affect the assessees who pay revenue to the Government, but also may develop a perception amongst people/assessees that it is difficult to get justice from the authorities in statutory proceedings. 8. For all the reasons aforestated, the impugned order and the notice as aforesaid are quashed. Liberty is granted to the respondents to pass an order afresh under Section 148A(d) of the Act 1961 after affording reasonable opportunity of hearing to the petitioner. The respondent no.1 is directed to take forthwith all required ..... X X X X Extracts X X X X X X X X Extracts X X X X
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