9911796707
TMI Blog2023 (3) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... - Income Tax - Violation of principles of natural justice - order of assessment had travelled beyond the scope of show-cause notice - as argued while the order rejects the petitioner's entitlement to carry-forward long term capital loss, such a proposal does not form part of pre-assessment show-cause notices - HELD THAT:- The Division Bench of this Court in the case K.S.Shivji [ 1965 (4) TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence any lacunae in procedure can well be corrected even at that stage. There are thus, in our considered view, no extraordinary circumstances in the present case to persuade to intervene in the impugned order and thus leave it to the petitioner to pursue the statutory appeal that it has filed. WP dismissed. - Honourable Dr. Justice Anita Sumanth For the Petitioner : Mr.Vijay Narayan, Senior Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment show-cause notices. 3. Normally this Court is inclined to treat violation of principles of natural justice, particularly of the nature as set out by the petitioner hereinbefore, seriously, and there have been several instances where this Court has intervened in the order of assessment in question, directing de novo assessment, in line with the principles of natural justice. 4. However, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court in the case of K.S.Shivji Co., v Joint Commercial Tax Officer, Esplanade Division, Madras 1965 SCC Online Mad 87, decision of Bombay High Court in the case of Irecti Services Private Limited v The Assistant Commissioner of Income Tax, International Tax, Circle 2(1)(2) [W.P.No.1439 of 2021 dated 25.10.2021] as well as decision of Calcutta High Court in the case of Kantilal Somehand Shah a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w that such interference was warranted. 8. In the present case, the revenue impact of the disallowance in the order of assessment is nil, though the assessee is aggrieved by the fact that the entitlement to carry forward losses has been rejected. That apart, the power of an appellate authority under the Act is co-terminus with that of an Assessing Officer and hence any lacunae in procedure can wel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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