9911796707
TMI Blog2024 (10) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... s a right on the assessee to be provided with an opportunity of hearing, the jurisdictional Assessing Officer ought not to have decided the show cause notice without granting an opportunity of hearing to the petitioner. Since, the right to personal hearing is embedded in the statute itself, denial of such opportunity in my view vitiates the order passed u/s 148A(d) of the said Act dated 20th March ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion has been filed, inter alia, challenging the show cause notice dated 17th February, 2024 passed under Section 148A(b) of the Income Tax Act, 1961 (hereinafter referred to as the said Act ) for the assessment year 2020-21 as also the order dated 20th March, 2024 passed under Section 148A(d) of the said Act. 3. The petitioner also challenges the notice under Section 148 of the said Act on the gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. The other ground canvassed by the petitioner is that though, Section 148A(b) of the said Act embodies in it, a right to provide an opportunity of being heard to the assessee, the jurisdictional Assessing Officer ought not to have decided the said show cause without affording the petitioner an opportunity of hearing. 6. Mr. Dutt, learned Advocate enters appearance on behalf of the respondents, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cided the show cause notice without granting an opportunity of hearing to the petitioner. 9. Since, the right to personal hearing is embedded in the statute itself, denial of such opportunity in my view vitiates the order passed under Section 148A(d) of the said Act dated 20th March, 2024 in respect of the assessment year 2020-21. 10. As such on this short point upon setting aside the order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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