Biecco Lawrie Ltd. v. State of West Bengal

10 SCC 32Reported decision2009#9273 most cited

What is Biecco Lawrie Ltd. v. State of West Bengal authority for?

A fair hearing requires that a person be served with a proper, clear, and precise notice to enable them to make an effective defence. Ambiguity in notice denies the right to fair and judicious proceedings, and the adequacy of notice is determined on a case-by-case basis.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2023 to 2026.

Also referred to as

Biecco Lawrie Ltd · State of West Bengal · fair hearing · proper notice · right to notice · adequate notice · Section 143(2) · natural justice

Sections most often in play

Section 1961Section 142(1)Section 143(3)Section 124(3)(a)Section 127Section 143(2)Section 147Section 127(1)

Issues it is cited on

section 124(3)(a)section 127(2)(a)section 115whsection 115wfsection 124(3)section 127(1)section 115wdsection 124section 127(2)kelvinatorsection 127section 120

Judgments citing Biecco Lawrie Ltd. v. State of West Bengal

Jagdish Kumar Yadav, Durg vs. ITO, Ward-1(1), Bhilai

In the result, appeal of the assessee is allowed

ITA 593/RPR/2025[2010-11]Status: DisposedITAT Raipur04 Feb 2026AY 2010-11

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.593/Rpr/2025 "नधा"रण वष" /Assessment Year : 2010-11 Jagdish Kumar Yadav Near Boudh Vihar Near To S.V Public School, Shankar Nagar, Durg-491 001 (C.G.) Pan: Aakpy0660J .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(1), Bhilai (C.G.) ……""यथ" / Respondent

For Appellant: Shri Ravi Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 142(1)Section 143(2)Section 143(3)Section 148

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Gurusukh Energy India Pvt. Ltd., Raipur vs. ITO, Ward-3(1), Raipur

In the result, appeal of the assessee is allowed

ITA 643/RPR/2025[2012-13]Status: DisposedITAT Raipur10 Dec 2025AY 2012-13

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.643/Rpr/2025 "नधा"रण वष" /Assessment Year : 2012-13

For Appellant: Shri Hardik Jain, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 127(1)Section 143(2)Section 143(3)Section 144B(1)Section 246(5)Section 250Section 282ASection 282A(1)Section 69C

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Bhuwaneshwar Shukla, Bhilai, Durg vs. Income Tax Officer, Ward-1(3), Bhilai, Durg

The appeals of the assessee are disposed of accordingly

ITA 142/RPR/2025[2011-12]Status: DisposedITAT Raipur06 Aug 2025AY 2011-12

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 141 & 142/Rpr/2025 "नधा"रण वष" / Assessment Year : 2011-12 Bhuwaneshwar Shukla Lig 12/06, Mansarowar Colony, Shiv Mandir, Bhilai-3, Durg-490 021 Pan: Ccips5734D ........अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-3(1), Durg ……""यथ" / Respondent

For Appellant: Shri S.R. Rao, AdvocateFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 143(2)Section 143(3)

…In the absence of a notice of the kind and such reasonable 11 Bhuwaneshwar Shukla Vs. ITO, Ward-1(3), Bhilai ITA Nos. 141 & 142/RPR/2025 opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Bhuwaneshwar Shukla, Bhilai, Durg vs. Income Tax Officer, Ward-1(3), Bhilai, Durg

The appeals of the assessee are disposed of accordingly

ITA 141/RPR/2025[2011-12]Status: DisposedITAT Raipur06 Aug 2025AY 2011-12

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 141 & 142/Rpr/2025 "नधा"रण वष" / Assessment Year : 2011-12 Bhuwaneshwar Shukla Lig 12/06, Mansarowar Colony, Shiv Mandir, Bhilai-3, Durg-490 021 Pan: Ccips5734D ........अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-3(1), Durg ……""यथ" / Respondent

For Appellant: Shri S.R. Rao, AdvocateFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 143(2)Section 143(3)

…In the absence of a notice of the kind and such reasonable 11 Bhuwaneshwar Shukla Vs. ITO, Ward-1(3), Bhilai ITA Nos. 141 & 142/RPR/2025 opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Shri Gunjan Kumar Bihani, Raipur vs. Income Tax Officer, Ward-3 (4), Raipur

In the result, the captioned appeal filed by the assessee is allowed in terms of the aforesaid observations

ITA 122/RPR/2025[2015-16]Status: DisposedITAT Raipur05 Aug 2025AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.122/Rpr/2025 "नधा"रण वष" / Assessment Year : 2015-16 Shri Gunjan Kumar Bihani Ashoka Ratan, Khamhardih, Shankar Nagar, Raipur-492 009 (C.G) Pan: Ajupb5787C

For Appellant: Shri Sakshi Gopal Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 124(3)Section 127Section 142(1)Section 143(2)Section 143(3)

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Virendra Gir Goswami, Raipur vs. Income Tax Officer, Ward-1(1), Bhilai, Durg

In the result, appeal of the assessee is allowed

ITA 411/RPR/2025[2011-12]Status: DisposedITAT Raipur22 Jul 2025AY 2011-12

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.411/Rpr/2025 "नधा"रण वष" /Assessment Year : 2011-12 Virendra Gir Goswami 85, Hathkhoj, Utai, Durg-491 107 (C.G) Pan: Aljpg4888N .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Ravi Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 142(1)Section 147Section 148

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Shri Bharat Patel, Raipur vs. Income Tax Officer, Ward-2(2), Raipur

In the result, appeal of the assessee is allowed

ITA 196/RPR/2025[2014-15]Status: HeardITAT Raipur22 Jul 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.196/Rpr/2025 "नधा"रण वष" /Assessment Year : 2014-15 Shri Bharat Patel Prop.- Disha Sales, C/O. V.S. Patel, Umiya Market, Bhanpuri, Raipur-492 009 (C.G.) Pan: Ajmpp6194M .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-2(2), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sakshi Gopal Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 142(1)Section 143(2)Section 143(3)

…o make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of 7 Shri Bharat Patel Vs. ITO, Ward-2(2), Raipur (C.G.) West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Khemraj Sinha, Raipur vs. Income Tax Officer, Ward-2(1), Raipur

In the result, appeal of the assessee is allowed

ITA 329/RPR/2025[2017-18]Status: HeardITAT Raipur18 Jul 2025AY 2017-18

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.329/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Khemraj Sinha Proprietor: Jain Kirana Stores, Ganpat Chowk, Veer Sawarkar Nagar, Raipur-492 001 (C.G) Pan: Bonps5758B .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-2(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Veekaas S Sharma, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 127Section 142(1)Section 143(2)Section 143(3)

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the right of the assessee for fair and judicio…

Income Tax Officer 1(2), Raipur, Income Tax Department vs. Mukesh Kedia, H.No. Sixty Four

In the result, cross objection filed by the assessee is allowed and the revenue’s appeal is dismissed

ITA 400/RPR/2024[2012-13]Status: DisposedITAT Raipur19 Mar 2025AY 2012-13

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.400/Rpr/2024 Co No.15/Rpr/2024 "नधा"रण वष" /Assessment Year : 2012-13 The Income Tax Officer-1(2), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Mukesh Kedia, House No.64, Gulmohar Park, Laxman Nagar, Raipur (C.G.) Pan : Apzpk0464Q ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 124(1)Section 127Section 127(1)Section 147Section 148Section 2Section 69C

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair 8 ITO-1(2), Raipur Vs. Mukesh Kedia CO No.15/RPR/2024 hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity the…

Rahul Tyagi, Raipur vs. Income Tax Officer, Ward-3(1), Raipur

In the result, appeal of the assessee is allowed

ITA 113/RPR/2024[2016-17]Status: DisposedITAT Raipur19 Mar 2025AY 2016-17

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.113/Rpr/2024 "नधा"रण वष" /Assessment Year : 2016-17 Rahul Tyagi Golden Homes 13, New Vip Club, Shankar Nagar, Raipur-492 001 (C.G.) Pan: Aitpt6198H

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 115BSection 124(1)Section 124(3)(a)Section 127Section 142(1)Section 143(2)Section 143(3)Section 2Section 56(2)(vii)Section 68

…r the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated”. In the case of Biecco Lawrie Ltd v. State of West Bengal (2009) 10 SCC 32, the Supreme Court observed that “One of the essential ingredients of fair 9 Rahul Tyagi Vs. ITO, Ward-3(1), Raipur hearing is that a person should be served with a proper notice, i.e. a person has a right to notice. Notice should be clear and precise so as to meet and make an effective defence. Denial of notice and any ambiguity there denied the…

Iexcel Community Foundation, Pune vs. The Commissioner of Income Tax (Exemption), Pune

ITA 506/PUN/2023[-]Status: DisposedITAT Pune07 Jul 2023

Bench: Hon’Ble Shri S S Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No. 506/Pun/2023 Iexcel Community Foundation, Row House, C 704, 5 Gardens Society, Rahatani, Aundh Camp S.O., Pune – 411 027 Pan: Aagci4381R . . . . . . . अपीलार्थी / Appellant बनाम / V/S The Commissioner Of Income Tax (Exemption), Pune . . . . . . . प्रत्यर्थी / Respondent द्वारा / Appearances Assessee By : Shri Kishore B. Phadke Revenue By : Shri Keyur Patel सुनवाई की तारीख / Date Of Conclusive Hearing : 27/06/2023 घोषणा की तारीख / Date Of Pronouncement : 07/07/2023 आदेश / Order Per G. D. Padmahshali ; This Appeal Of The Assessee Is Directed Against The Order Of Refusal To Grant Registration U/S 12Ab Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Passed By The Learned Commissioner Of Income Tax(Exemption), Pune [‘Cit(E)’ Hereinafter] Vide Din & Order No. Itba/Exm/F/Exm45/2022- 23/ 1050231926(1) Dt. 28/02/2023. 2. We Have Heard The Rival Contentions Of Both The Parties; & Subject To The Provisions Of Rule 18 Of Income Tax Appellate Tribunal Rules, 1963 [‘Itat- Rules’ Hereinafter] Perused The Material Placed On Records, Case Laws Relied Upon By The Appellant As Well The Respondent & Duly Considered The Facts Of

For Appellant: Shri Kishore B. PhadkeFor Respondent: Shri Keyur Patel
Section 12ASection 12A(1)(ac)Section 8

…nable opportunity the Court will decline to be punctilious or fanatical as if the rules of natural justice were sacred scriptures.” (Emphasis supplied) 4.4 We further quote that, the Hon’ble lordship in ‘Biecco Lawrie Ltd v. State of West Bengal’ reported in 10 SCC 32 has delved deeper into the issue of violation of principle and has laid therein that, where the person has a right to receive any notice is clearly intimated the defects in clear and precise terms for compliance thereof, then such person at a later stage shall have no right to allege the violation of principle of natural justice. In the present cas…

Biecco Lawrie Ltd. v. State of West Bengal (10 SCC 32) — Cited in 11 Judgments | BharatTax