MANMOHAN, MANMEET PRITAM SINGH ARORA
Balesh Jain Sons HUF – Appellant
Versus
Assisstant Commissioner Of Income Tax – Respondent
JUDGMENT
Manmohan, (Oral) J. - Present writ petition has been filed challenging the show cause notice dated 17th May, 2022 issued under Section 148A(b) of the Income Tax Act, 1961 ['the Act'] as well as order dated 29th June, 2022 issued under Section 148A(d) of the Act for the Assessment Year 2014-15.
2. On 18th August, 2022, this Court had issued notice in the present writ petition. The relevant portion of the order dated 18th August, 2022 is reproduced hereinbelow:-
'Learned counsel for the petitioner states that the Petitioner filed its return of income for the relevant Assessment Year declaring an income of Rs.10,80,404/- and an intimation under Section 143(1) of the Act was issued. He states that the Petitioner received the impugned show cause notice dated 17th May, 2022 issued under Section 148A(b) of the Act seeking to reassess the income of the Petitioner on the ground that the Petitioner had undertaken transactions worth Rs.87,60,348/- with Mr.Naresh Manakchand Jain in the form of accommodation entries and the same had escaped assessment. He states that in his reply dated 27th May, 2022, the Petitioner informed the authorities that he had had no dealing with Mr.Naresh Manakc
The court emphasized the importance of providing all relevant material and documents to the petitioner in a fair and balanced manner, ensuring that the rights and contentions of all parties are left ....
Procedural fairness in tax reassessment mandates that taxpayers are provided all relevant documents and information before being called to respond to allegations, ensuring a fair opportunity for defe....
Second notice under Section 148A(b) is invalid when an initial notice under Section 148 has already been served; Supreme Court directions pertain to a different timeframe and do not apply.
A show cause notice under Section 148A(b) of the Income Tax Act must contain specific allegations of income escapement; its absence renders the assessment invalid.
The court held that the Assessing Officer's failure to consider the petitioner's detailed replies before passing the reassessment order violated procedural justice under the Income Tax Act.
The central legal point established in the judgment is the interpretation of the amended re-assessment scheme introduced by the Finance Act, 2021, and the importance of upholding principles of natura....
The importance of the petitioner's response to the notice issued under Section 148A(b) of the Income Tax Act and the granting of a personal hearing.
The Court affirmed that vague show cause notices issued under Section 148A(b) lack compliance with natural justice, necessitating clear material for Assessee responses.
Orders based on vague allegations without specific details violate the right to a fair hearing under tax law.
Assessing Officers must provide specific details in notices for effective response by Assessee, adhering to principles of natural justice.
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