Quashed the Assessment Order passed without providing an opportunity of hearing to Assessee


Quick Summary
The Madras High Court has quashed an assessment order issued by the Assistant Commissioner of Income Tax. The court found that the order was passed without giving the taxpayer adequate time to respond to a show cause notice and without providing an opportunity for a personal hearing. This violated the principles of natural justice. The case has been remitted back for a fresh order, ensuring the taxpayer is given a proper chance to reply and be heard.

Court :
Madras High Court

Brief :
In Jaffaorulla Syeaadunnishaa v. The Assistant Commissioner of Income Tax, Income Tax Circle 2(1) Trichy, 3rd Floor, Trichy Main Building, Williams Road, Cantonment, Tiruchirappalli-620 001. W.P (MD) No.1972 of 2020 and WMP(MD)Nos.1645 and 1646 of 2020, Jaffaorulla Syeaadunnishaa ("the Petitioner") challenged an assessment order dated December 24, 2019 ("Assessment Order") under Section 144 of the Income tax act ("the IT Act") for being in violation of principles of natural justice and against the Circular dated December 26, 2019.

Citation :
W.P (MD) No.1972 of 2020 and WMP(MD)Nos.1645 and 1646 of 2020

In Jaffaorulla Syeaadunnishaa v. The Assistant Commissioner of Income Tax, Income Tax Circle 2(1) Trichy, 3rd Floor, Trichy Main Building, Williams Road, Cantonment, Tiruchirappalli-620 001. W.P (MD) No.1972 of 2020 and WMP(MD)Nos.1645 and 1646 of 2020, Jaffaorulla Syeaadunnishaa ("the Petitioner") challenged an assessment order dated December 24, 2019 ("Assessment Order") under Section 144 of the Income tax act ("the IT Act") for being in violation of principles of natural justice and against the Circular dated December 26, 2019.

The Petitioner was issued a show cause notice dated December 5, 2019 ("SCN") by the Assistant Commissioner of Income Tax, Tiruchirappalli ("the Respondents") asking for details including the details for the assessment year 2016-2017 and thereafter Assessment Order was passed.

The Petitioner contended that the Respondent has arbitrarily passed the assessment order on December 24, 2019 without granting the time to Petitioner to file reply to SCN as per the direction of the Directorate of Income Tax granting time upto December 29, 2019.

The Hon'ble Madras High Court set aside the Assessment Order and held that the Assessment Order was wrongfully passed by the Respondent on December 24, 2019 without granting appropriate time to the Petitioner to file a reply within the time limit of December 29, 2019 as per the direction of the Directorate of Income Tax which is a clear violation of principle of natural justice. Further, the Petitioner was not even given an opportunity of personal hearing.

Remitted back the matter to the Respondent to pass fresh order after giving an opportunity for making detailed reply and after affording opportunity of personal hearing to the Petitioner.

FAQ :

The main issue was that an assessment order was passed without giving the taxpayer sufficient time to respond to a show cause notice and without offering a personal hearing, violating natural justice principles.

The Hon'ble Madras High Court made the decision.

The court quashed the assessment order and sent the matter back to the tax authority to pass a fresh order after providing the taxpayer with an opportunity to reply and be heard.

In this context, the principle of natural justice means the taxpayer should have been given a fair chance to present their case, including adequate time to respond to notices and the opportunity for a personal hearing.

 

Bimal Jain
Published in Income Tax
Views : 157

Comments




CCI Pro



Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details