RAJIV SHAKDHER, TARA VITASTA GANJU
Delhi Sports And Entertainment Private Limited – Appellant
Versus
Deputy Commissioner of Income Tax Circle 7 1 – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral):
W.P.(C) 937/2023 & CM APPL. 3664/2023 [Application filed on behalf of the petitioner seeking interim relief]
1. Issue notice.
1.1. Mr Sunil Agarwal, learned senior standing counsel, accepts notice for Mr Kunal Sharma, on behalf of respondent/revenue.
2. In view of the directions that we propose to pass, Mr Agarwal says that, at this stage, counter-affidavit is not required to be filed. Therefore, the writ petition is taken up for hearing and final disposal, at this stage itself.
3. This writ petition is directed against the order dated 30.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 [in short, 'the Act'] and the consequent notice of even date, 30.07.2022, issued under Section 148 of the Act.
3.1. The impugned order and the notice concern Assessment Year (AY) 2017-18.
4. The principal allegation leveled against the petitioner/assessee is that it has received money by way of investment in share capital from multiple foreign entities in tranches. It is alleged that payments have been received from "tax haven countries like Dubai, Mauritius, Greece and Cayman Islands".
5. A per
The Assessing Officer must independently consider the petitioner's response and furnish relevant material before passing an assessment order.
The central legal point established in the judgment is the importance of correct assessment by the Assessing Officer and the disclosure of transactions in the Return of Income (ROI) for the assessmen....
The principle of natural justice and fair opportunity in assessment proceedings under the Income Tax Act.
A personal hearing is essential in tax assessment procedures to ensure administrative fairness; failure to provide one invalidates the assessment orders.
The main legal point established in the judgment is that notices issued under the Income Tax Act must be based on proper application of mind, and if found lacking, can be set aside by the court.
The central legal point established in the judgment is that the Commissioner of Income Tax (Appeals) has the power to annul the assessment order, including the power to set it aside, and that annulme....
Reassessment proceedings cannot be solely based on mere suspicion and must be supported by concrete evidence or material.
The importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order under the Income Tax Act.
Failure to grant a personal hearing by the Assessing Officer violates principles of natural justice, necessitating the annulment of the assessment order.
The court emphasized the importance of adhering to the original allegation in the notice and found the Assessing Officer's conclusion regarding fair market value to be erroneous, leading to the setti....
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