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Income Tax - Highlights / Catch Notes

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The High Court dismissed the appeal challenging the order issued ...


Dismissal of appeal challenging Income Tax order; Opportunity given, but delay tactics employed.

December 14, 2024

Case Laws     Income Tax     HC

The High Court dismissed the appeal challenging the order issued by the National Faceless Appeal Centre (NFAC) u/s 250 of the Income Tax Act. The court held that the appellant was afforded sufficient opportunity to produce supporting documents, but repeatedly sought adjournments without producing any documents, indicating a delay tactic. The notices issued u/s 250 satisfied the statutory requirements, explicitly conveying the purpose of the hearing. The appellant's contention of violation of natural justice principles was rejected, as a person who fails to avail the opportunity to make submissions and produce documents cannot complain about such violation. However, the High Court modified the single judge's direction requiring the appellant to remit 20% of the disputed tax as a pre-condition for filing a stay petition before the Appellate Tribunal.

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