Assessment Order issued without taking into consideration reply filed by the Assessee is not valid


Quick Summary
The Delhi High Court has ruled that an assessment order is invalid if the tax authority fails to consider the taxpayer's reply. In a case involving Emco Cables Pvt. Ltd., the court found that the Proper Officer must review the submitted explanation on its merits. If further details are needed, the authority should request them, rather than simply deeming the reply unsatisfactory without proper examination. Consequently, the original order was set aside and sent back for reconsideration.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court in the case of Emco Cables Pvt. Ltd. v. Union of India [W.P. 1622 of 2024 dated February 27, 2024] disposed of the writ petition, thereby holding that, the reply filed by the Assessee should be taken into consideration at the time of passing the Assessment Order and in case where proper reply/explanation has not been filed and when further details are required, the Revenue Department is obliged to seek the relevant documents/details. 

Citation :
W.P. 1622 of 2024 dated February 27, 2024

The Hon'ble Delhi High Court in the case of Emco Cables Pvt. Ltd. v. Union of India [W.P. 1622 of 2024 dated February 27, 2024] disposed of the writ petition, thereby holding that, the reply filed by the Assessee should be taken into consideration at the time of passing the Assessment Order and in case where proper reply/explanation has not been filed and when further details are required, the Revenue Department is obliged to seek the relevant documents/details. 

Facts

The Revenue Department ("the Respondent") issued the Show Cause Notice dated September 24, 2023 ("the SCN"), against Emco Cables Pvt. Ltd. ("the Petitioner") wherein it was alleged that the Petitioner has under-declared output tax, claimed excess Input Tax Credit ("ITC") and claimed ITC from cancelled dealers and non-taxpayers for which detailed reply was filed by the Petitioner. However, the Respondent vide order dated December 29, 2023 ("the Impugned Order") recorded that, the reply filed by the Petitioner is not satisfactory and directed that DRC-07 should be issued in the present case. 

Aggrieved by the Impugned order, the Petitioner filed a writ petition contending that the Petitioner has filed a detailed reply.  

Issue

Whether the Assessment Order issued without taking into consideration the reply filed by the Assessee is valid?

Held

The Hon'ble Delhi High Court in the case of W.P. 1622 of 2024 held as under:

  • Noted that, the Proper Officer was required to consider the reply on merits and thereafter form an opinion on whether the reply filed by the Petitioner was sufficient or not. 
  • Further Noted that, even if the Proper Officer was of the view that the reply filed by the Petitioner is incomplete and further details were required, the said details could have been sought from the Petitioner. However, as per the records no such opportunity was granted to the Petitioner. 
  • Opined that, the Proper Officer merely held that, no proper reply/explanation was received which ex-facie shows that, the Proper Officer of the Respondent has not perused the reply submitted by the Petitioner.
  • Held that, the Impugned Order is set aside and the matter is remitted back to the Proper Officer for re-adjudication.
     

FAQ :

The Delhi High Court ruled that an assessment order is not valid if the tax authority issues it without properly considering the reply filed by the assessee.

The case was Emco Cables Pvt. Ltd. v. Union of India, heard by the Delhi High Court in W.P. 1622 of 2024, decided on February 27, 2024.

If the tax authority believes the reply is incomplete and requires further details, they are obliged to seek those relevant documents or details from the taxpayer. They should not simply dismiss the reply.

The original assessment order (Impugned Order) was set aside by the Delhi High Court and the matter was remitted back to the Proper Officer for re-adjudication.

The order was deemed invalid because the Proper Officer did not appear to have reviewed the assessee's reply on its merits, stating it was not satisfactory without proper examination.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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