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RAJIV SHAKDHER, TARA VITASTA GANJU
Vayoo Nandan Finance Compay Pvt. Ltd. – Appellant
Versus
Income Tax Officer, Ward 26 (1), Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.1848/2023
1. Allowed, subject to just exceptions.
W.P.(C) 470/2023 & CM No.1847/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Sunil Agarwal accepts notice on behalf of the respondent/revenue.
3. In view of what has emerged during the course of hearing, Mr Agarwal says, that at this juncture, no counter-affidavit is required to be filed.
4. Therefore, with the consent of learned counsel for the parties, this writ petition is taken up for hearing and final disposal.
5. This writ petition is directed against the notice dated 22.03.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short "Act"].
5.1. Besides this, challenge is also laid to the order dated 30.03.2022 passed under Section 148A(d) of the Act and the consequential notice of even date i.e., 30.03.2022 passed under Section 148 of the Act.
5.2. To be noted, these proceedings concern Assessment Year (AY) 2018-2019.
6. There are two principal grievances raised by Mr Salil Kapoor, who appears on behalf of the petitioner.
6.1. First, the statutory seven days' timeframe
The court emphasized the requirement to grant a minimum of seven days to respond to a notice under the Income Tax Act and the obligation to furnish material available with the Assessing Officer to th....
The importance of factual accuracy in the Assessing Officer's assumptions and the requirement to grant a fair opportunity for a personal hearing influenced the court's decision.
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
Compliance with procedural requirements and the right to a fair hearing are essential in proceedings under the Income Tax Act, 1961.
The importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order under the Income Tax Act.
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
The court emphasized the importance of considering the petitioner's reply and according a personal hearing before passing an assessment order under the Income Tax Act, 1961.
Procedural fairness and consideration of petitioner's response in assessment proceedings under the Income Tax Act
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