Facts of the Case
The present writ petition concerns Assessment Year 2019–20,
wherein the petitioner, Sheevam Transolutions Pvt. Ltd., was alleged to
have availed a bogus loan of ₹1,28,00,000/- from an entity named LTE
Info Technologies Pvt. Ltd.
The allegation was communicated through a notice dated
27.02.2023 issued under Section 148A(b) of the Income Tax Act, 1961.
The petitioner responded on 04.03.2023, contending that:
- The
loan amount was only ₹64,00,000/- and not ₹1,28,00,000/-
- The
loan transaction was genuine
- A
request for personal hearing was specifically made
However, the Assessing Officer passed an order dated
28.03.2023 under Section 148A(d) without granting a personal hearing.
Issues Involved
- Whether
failure to grant a personal hearing violates principles of natural
justice under Section 148A proceedings.
- Whether
the Assessing Officer is bound to follow CBDT Guidelines dated
01.08.2022 and Instruction dated 22.08.2022.
- Whether
an order passed under Section 148A(d) without hearing is sustainable in
law.
Petitioner’s Arguments
- The
impugned order was passed in violation of principles of natural justice.
- Despite
a specific request, no personal hearing was granted.
- The
procedure adopted was contrary to:
- CBDT
Guidelines dated 01.08.2022
- CBDT
Instruction dated 22.08.2022
- The
petitioner maintained that the loan transaction was genuine and the amount
was wrongly alleged.
Respondent’s Arguments
- The
Revenue relied on the material available on record.
- It
alleged that the petitioner had taken a bogus loan of ₹1.28 crore.
- No
counter-affidavit was filed; arguments were advanced based on existing
records.
Court’s Findings / Order
The Delhi High Court held that:
- Personal
hearing ought to have been granted when requested by the
petitioner.
- The
failure to provide such opportunity violated principles of natural
justice.
- The
impugned order dated 28.03.2023 under Section 148A(d) was set
aside.
- Consequently,
the notice issued under Section 148 also stood quashed.
- The
matter was remanded to the Assessing Officer for de novo adjudication
with proper hearing opportunity.
Important Clarification by Court
- The
Assessing Officer must:
- Issue
prior notice indicating date and time of hearing
- May
conduct hearing through video conferencing (VC)
- Fresh
order must be passed only after granting due opportunity to the petitioner
Sections Involved
- Section
148A(b), Income Tax Act, 1961
- Section
148A(d), Income Tax Act, 1961
- Section
148, Income Tax Act, 1961
- Principles
of Natural Justice
- CBDT
Guidelines dated 01.08.2022
- CBDT
Instruction dated 22.08.2022
Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/60809052023CW59982023_151449.pdf
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