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October 16, 2021

Calcutta HC quashed Faceless Assessment order as password for VC not provided

Calcutta HC quashed Faceless Assessment order as password for VC not provided

Fact and Issue of the case

In this matter the petitioner has challenged the impugned assessment order dated 26th August, 2021 passed under section 143(3) read with section 144B of the Income Tax Act relating to assessment year 2018-19 and subsequent action on the basis of such assessment on the ground that the impugned assessment order is bad and illegal on the face of the record, in view of the facts which are matters of record that in spite of repeated request made by the petitioner to the respondent assessing officer for providing password for personal hearing through video conferencing (VCs). Petitioner has annexed all the documents of communication in this regard making grievance before the respondent-assessing officer for providing password though assessing officer on each time has provided link but not provided the password.

Observation of the court

Taking into consideration these facts, court is of the view that the impugned assessment order has been passed in gross violation of principle of natural justice and is not tenable in the eye of law, accordingly the impugned assessment order dated 26th August, 2021 is quashed and all actions subsequent to the impugned assessment order are not sustainable in law and the same are also quashed. Quashing of this assessment order will not prevent the respondent assessing officer to pass fresh assessment order after giving effective opportunity of hearing and observing principle of natural justice. This assessment order has been quashed solely on the ground of violation of the principle of natural justice and this Court has not gone into merit the said assessment.

Conclusion

The court ruled in favour of the assesse and allowed for statistical purposes.

Read the full order from below

Calcutta-HC-quashed-Faceless-Assessment-order-as-password-for-VC-not-provided

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