Facts of the Case
The petitioner, Mask Consultants Pvt. Ltd., challenged:
- Notice
dated 20.03.2023 issued under Section 148A(b)
- Order
dated 30.03.2023 passed under Section 148A(d)
The petitioner had filed a reply to the show cause notice
under Section 148A(b), which was uploaded on the portal on 28.03.2023. However,
the Assessing Officer proceeded on the assumption that no reply had been filed
and passed the impugned order.
Issues Involved
- Whether
an order passed under Section 148A(d) is valid when the Assessing Officer
fails to consider the reply filed by the assessee.
- Whether
reassessment proceedings can continue based on an incorrect factual
assumption that no response was filed.
Petitioner’s Arguments
- The
petitioner contended that the impugned order was fundamentally flawed.
- A
reply to the notice under Section 148A(b) was duly filed and uploaded on
the portal.
- The
Assessing Officer incorrectly recorded that no response had been filed,
which is factually inaccurate.
- Non-consideration
of the reply violates principles of natural justice and renders the order
invalid.
Respondent’s Arguments
- The
Revenue chose not to file a counter-affidavit.
- The
matter was argued based on the available record.
- No
substantive rebuttal was provided against the petitioner’s contention
regarding the filed reply.
Court’s Findings / Order
- The
Court observed that the Assessing Officer proceeded on an incorrect
factual premise that no reply was filed.
- It
was established that the petitioner had indeed submitted a reply within
time.
- Such
non-consideration of the reply vitiates the order.
Order:
- The
impugned order under Section 148A(d) was set aside.
- The
consequential notice under Section 148 was also quashed.
- Liberty
was granted to the Assessing Officer to pass a fresh order after:
- Considering
the petitioner’s reply
- Granting
a personal hearing to the petitioner
Important Clarification
- The
Court clarified that reassessment proceedings are not barred; however,
they must be conducted in accordance with law.
- Proper
opportunity of hearing and due consideration of reply is mandatory before
passing an order under Section 148A(d).
- Mechanical
orders based on incorrect facts cannot be sustained.
Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/60810052023CW60602023_150420.pdf
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