The Calcutta High Court on Monday set aside an Income Tax department order and subsequent notice to the Trinamool Congress (TMC) over alleged anomalies in the income of West Bengal’s ruling party for the assessment year 2018-19.
The court said there is violation of principles of natural justice as the assessing officer did not provide a break-up of the amount based on which the officer concerned reached the figure alleged to have escaped income declaration of the political party for that period.
Justice Md Nizamuddin set aside the IT department’s order dated April 25, 2022, and subsequent notice to the TMC and remanded the matter back to the assessing officer to pass a fresh order after providing the break-up of the amount in question bank account wise.
He also directed the officer to pass a fresh order after giving the opportunity of hearing to the petitioner or its authorised representative.
“I am of the view that there was violation of principles of natural justice by the Assessing Officer in not providing break up for the amounts on the basis of which Assessing Officer has reached the figure of amount alleged to have been escaped the income referred in the annexure,” the bench observed.
The TMC challenged the IT department’s order relating to the assessment year 2018-19 on the ground of violation of principles of natural justice.
The TMC submitted that the IT department issued a notice along with an annexure to the party indicating that “an income of Rs 5,16,78,114 shown in the IT return includes interest income of Rs 90,01,811 (which) was not a part of the deposits and stated that an amount of Rs 1,71,95,092 was not disclosed in the ITR filed for the assessment year 2018-19.”
The party stated that it was asked to give a response to the same.
The annexure listed 18 account numbers and names of banks but it did not mention the branch or break up of the amount lying in each of those accounts, the TMC stated.
Source: PTI
Photo: Internet
