Accord Capital Markets Private ... vs Income Tax Officer
2023 Latest Caselaw 1900 Cal

Item No.5.

               IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                        CIVIL APPELLATE JURISDICTION
                                APPELLATE SIDE
                              HEARD ON: 22.03.2023

                            DELIVERED ON: 22.03.2023

                              CORAM:
             THE HON'BLE MR. JUSTICE T. S. SIVAGNANAM
                               AND
         THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA

                                M.A.T. 285 of 2023
                                        With
                                I.A. No.CAN 1 of 2023

                     Accord Capital Markets Private Limited.
                                       Vs.
                Income Tax Officer, Ward No.10(2), Kolkata & Ors.

Appearance:-

Mr. Avra Mazumder,
Mr. Kausheyo Roy                         ....              for the appellant.

Mr. Smarajit Roy Chowdhury,
Mr. Prithu Dudhoria                           ...          for the respondents.


                                  JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, J.)

1. We have heard Mr. Avra Mazumder, learned Advocate appearing

for the appellant and Mr. Smarajit Roy Chowdhury, learned senior

standing counsel appearing for the respondents at length.

2. This intra-Court appeal filed by the writ petitioner is

directed against the order dated 17th January, 2023 in WPA

No.29015 of 2022. In the said writ petition, the appellant had

challenged the order passed by the assessing officer under

Section 148A(d) of the Income Tax Act, 1961 (for brevity, "the

Act") dated 29th July, 2022 and the consequential notice issued

under Section 148 of the Act dated 30th July, 2022.

3. The primary ground on which the impugned order was

challenged was by contending that it is in total violation of

the principles of natural justice inasmuch as the reply given by

the assessee dated 27th June, 2022 and the reply dated 30 th June,

2022 were not even considered. As could be seen from the

relevant documents, these two replies have been uploaded and

there is proof to show that the department had received those

replies. Unfortunately, the assessing officer while passing the

order dated 29th July, 2022 has referred to only the assessee's

letter dated 15th June, 2022, which is a letter seeking

adjournment of the proceedings to enable it to submit the reply.

4. Thus, it is seen that the assessment order has been passed

in violation of the principles of natural justice, which calls

for interference.

5. In the result, the appeal is allowed, the order passed in

the writ petition is set aside and the order passed under

Section 148A(d) of the Act dated 29th July, 2022 and the

consequential notice issued under Section 148 of the Act dated

30th July, 2022 are set aside and the matter is remanded to the

assessing officer with a direction to the assessing officer to

take note of the replies given by the assessee dated 27th June,

2022 and 30th June, 2022 and afford an opportunity of personal

hearing either in person or by video conferencing and pass a

reasoned order on merit and in accordance with law.

6. There shall be no order as to costs.

7. Urgent photostat certified copy of this order, if applied

for, be furnished to the parties expeditiously upon compliance

of all legal formalities.

(T.S. SIVAGNANAM, J)

I agree,

(HIRANMAY BHATTACHARYYA, J.)

NAREN/PALLAB(AR.C)