Section 127, 132(4) HIGH COURT OF BOMBAY on Jul 15, 2019 held that when the assessment of an Assessee is being transferred from one Commissionerate to another, the requirement of hearing and following the principle of natural justice is inbuilt in the statutory provisions contained in Section 127 of the Act. Therefore the giving of notice to the assessee containing the reasons and the statements or even the gist of the statements to the extent relevant for the proposed action is a basic postulate. The views of the noticee are to be considered by the authority before taking any decision to confirm or drop the notice. A show cause notice to be effective must be adequate so as to enable a party to effectively object/respond to the same. The authority concerned is obliged to consider the objections, if any, and thereafter, reach a finding one way or the other. The impugned order is quashed. NARESH MANAKCHAND JAIN vs PCIT. IN favour of the assessee.
246 total views
246 total views Section 127, 132(4) HIGH COURT OF BOMBAY on Jul 15, 2019 AY 2011-12 and 2012-13 NARESH MANAKCHAND JAIN vs. PRINCIPAL COMMISSIONER OF INCOME TAX AND ORS. AKIL KURESHI & S.J. KATHAWALLA, JJ. WRIT PETITION NO.707 OF…