Facts of the Case
The present writ petition was filed before the Delhi High
Court by the petitioner, Jyoti Narang, challenging the assessment order dated
23.05.2023 passed by the Income Tax Department.
The petitioner contended that a Show Cause Notice (SCN) dated
09.05.2023 proposing variation in income was issued; however, the same was sent
to an incorrect email address (“dadasumit75@gmail.com”) instead of the
petitioner’s correct registered email (“hridaanfurnitures@gmail.com”), which
was duly mentioned in the income tax return.
Due to this error, the petitioner was deprived of an opportunity to respond to the SCN and seek a personal hearing.
Issues Involved
- Whether
service of Show Cause Notice on an incorrect email address constitutes a
violation of principles of natural justice.
- Whether
the assessment order passed without granting an opportunity of hearing is
legally sustainable.
- Whether such procedural lapse warrants setting aside of the assessment order and consequential proceedings.
Petitioner’s Arguments
- The
petitioner argued that the SCN was never received due to it being sent to
an incorrect email address.
- It
was submitted that the correct email address was already available with
the department through the income tax return.
- The
petitioner contended that this resulted in denial of opportunity to
respond and violation of principles of natural justice.
- Relief was sought in the form of setting aside the impugned assessment order and granting an opportunity to respond.
Respondent’s Arguments
- The
respondent, represented by the Income Tax Department, submitted that the
matter on merits could be contested once the petitioner files a response.
- It was indicated that substantive issues exist, but the stage for consideration would arise only after proper response submission.
Court’s Findings / Order
The bench comprising Justice Rajiv Shakdher and Justice Girish
Kathpalia observed that:
- The
SCN was admittedly sent to an incorrect email address.
- The
petitioner was deprived of an opportunity to respond.
- This
constituted a clear breach of the principles of natural justice.
Accordingly, the Court held:
- The
impugned assessment order dated 23.05.2023 is set aside.
- Consequential
penalty and demand notices also stand quashed.
- The
petitioner is granted four weeks to file a response to the SCN.
- The
Assessing Officer (AO) shall:
- Reopen
the portal for filing response
- Provide
date and time for hearing
- Pass
a reasoned (speaking) order thereafter
The writ petition was disposed of in these terms.
Important Clarification
- The
Court did not adjudicate on merits of the tax dispute.
- The
order is limited to ensuring procedural fairness and compliance with
natural justice.
- The Assessing Officer retains full authority to decide the matter afresh after hearing the petitioner.
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/RAS14072023CW92892023_145902.pdf
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